P.T. Raman Nayar, J.

1. There are three accused persons in this case. The 1st, Sivarajan alias Ampi aged 22, is the servant of the 2nd, Krishnan Nair aged 44; and the 3rd, Sekharan aged 23, is the brother of Pw. 30, a kitchenmaid in the 2nd accuseds house, and, it is said, a friend of the 1st accused. The 1st accused has been convicted under S.302, Indian Penal Code, of the murder of Saraswathy Amma alias Baby, aged 38, the wife of the 2nd accused, and under S.201, Indian Penal Code of, causing disappearance of evidence of the murder. He has been sentenced to death for the former offence, but has been awarded no sentence for the latter. The 2nd accused, who was charged under S.109, Indian Penal Code with having instigated the aforesaid offences by the 1st accused, and the 3rd accused who was charged under S.34, Indian Penal Code, with having joined the 1st accused in the commission of the offences, have been acquitted. The 1st accused has appealed against his conviction and sentence while the learned Sessions Judge has submitted the proceedings for confirmation of the sentence. The State Government has appealed against the acquittal of the 2nd and 3rd accused. Criminal Appea