JANARTHANAM, J.

The appellant was the first accused in S.C. No. 8 of 1987 on the file of the Court of Session, Kanniyakumari Division, Nagercoil. He was found guilty of offences punishable under Sections 341 and 302 of Indian Penal Code, convicted thereunder and sentenced to imprisonment for life under Section 302 of Indian Penal Code and simple imprisonment for one month under Section 341 of Indian Penal Code, with a direction for the sentences to run concurrently. The other accused, namely, the second accused was found not guilty of offences under Sections 341 and 302 read with Section 34 of Indian Penal Code, with which he stood charged and acquitted thereof

2. Aggrieved by the said conviction and the sentence, the present action had been resorted to by the appellant-first accused

3. Brief facts are :-

(a) The first and the second accused, brothers, are residents of Mandaikadu Puthur, situate within the jurisdictional limits of Manavalankurichi Police Station. They have been eking out their livelihood by catching fish in the sea. One Andrews (since deceased) had been assisting the first and the second accused, in their profession of catching fish in the sea

(b) P.W. 3 is