P.A. Mohammed, J.

1. These appeals arise from the judgment of the Sessions Court, Tellicherry in Sessions Case No. 27 of 1989. Criminal Appeal No. 87 of 1990 is filed by accused 1 and 2. The first accused is convicted for offences under S.302 and 201 IPC. and second accused under S.201 IPC. Criminal Appeal No. 316 of 1990 is filed by the State against the acquittal of second accused of offences under S.302 and 201 IPC. and the acquittal of third accused of all offences invoking provision under S.378 of the Code of Criminal Procedure (hereinafter referred to as 'the Code').

2. The case of the prosecution can be summarised briefly thus Deceased Yeshoda had developed intimacy with one Gopalan who promised to marry her. She became pregnant as a result of sexual relationship with him before the marriage between them could take place. While so, Gopalan died suddenly. Yeshoda gave birth to a son called Vijesh. Thereafter Yeshoda and Ravindran (first accused) came close to each other and love developed between them. The parents of Ravindran did not approve this relationship. But the marriage between them did take place and a registered deed was executed on 19-8-1986. Yeshoda purchase