K. N. MUDALIYAR, J.

These two appeals are filed by the two appellants (Karunakaran, the first accused and Jabamani Nadar alias Kanyakumari Comrade alias Ramu, the second accused) against their conviction for an offence under Section 302 read with Section 34, Indian Penal Code and the sentence of death awarded against them.

2. At one stage, we thought that this case falls within a narrow compass, but the more we delved deeper and deeper, the case presented some complex difficulties and the entire complexity arose from the fabrication resorted to in an unabashed manner by the investigating machinery as will be dealt with fairly elaborately in the later portion of our judgment. The prosecution would have it that the two appellants and one Thamizharasan alias Ramaswami are the main participants in this dastardly crime of killing Viswanatham Pillai, village munsif of Orathur, while he was asleep on M.O.I. in front of his cattle shed.

3. It is alleged, and there is substantial amount of evidence in support of it, that there has been a history of feud ranging over nearly eight years between the deceased Viswanatham Pillai on the one hand and the first appellant and his father on