R. BALASUBRAMANIAN, J.

By judgment dated 20-1-1997 in S.C. No. 75 of 1996, the Principal Sessions Judge, Kanyakumari Division At Nagercoil convicted the first accused for an offence under Section 302 (2 counts) of the Indian Penal Code and the second accused for an offence under Section 302 of the Indian Penal Code. The first accused for the offences charged and framed was sentenced to the death and the second accused for the offence charged and tried was sentenced to undergo rigorous imprisonment for life. R.T. No. 1 of 1997 had come up before us pursuant to Section 366 of the Code of Criminal Procedure and C.A. 139 of 1997 had been filed by the accused questioning the judgment above referred to. Since both R.T. 1 of 1997 and C.A. No. 139 of 1997 arise out of a single judgment, we have decided to dispose of both the matters by a common judgment

2. Chockalingam Pillai, who is deceased No. 1 in this case, is the husband of P.W. 1. He is a retired Forestor. The deceased Chockalingam Pillai and P.W. 1 had two daughters and one son. Subramania Pillai, deceased No. 2 in this case is the son of deceased No. 1 and P.W. 1. P.W. 2 is the wife of the deceased No. 2. P.W. 2 and her