This is an appeal preferred by the State against the acquittal of the two accused by the learned Stationary Magistrate, Omalur, in C.C. No. 525 of 1952 on his file. The two accused were tried by the learned Magistrate for an offence under section 325, Indian Penal Code. The Police filed a charge-sheet against the two accused for the murder of one Velayudam who died as a result of injuries he received on 13th December, 1951. The case was taken as a Preliminary Register Case. Bur after evidence was let in, the learned Magistrate passed an order on 30th April, 1952, holding that only a prima facie case against the two accused under section 325, Indian Penal Code, was made out and discharged the accused of the offence of murder. A charge for an offence under section 32 5, Indian Penal Code, was framed against the accused and they were tried for that offence.

[After reviewing the facts and evidence in the case his Lordship concluded:-]

I therefore find both the accused guilty under section 325, Indian Penal Code.

As regards the sentence, the question is what sentence this Court can give in an appeal against acquittal, Under section 423(1)(a), Criminal Procedure Code, the Court hear