These three appeals arise out of Sessions Case No.62 of 1952 on the file of the Court of Session of the West Tanjore division wherein two accused were tried for an offence under section 302 read with section 34, Indian Penal Code, in that they committed murder by causing the death of one MounaSwami by cutting him with an aruval on the night of the 27th June, 1952, at Chandrasekarapuram village. The learned Sessions Judge found that those arraigned for this offence were guilty under section 460, Indian Penal Code and sentenced each one of them to transportation for life. He also found each one of them guilty under section 380, Indian Penal Code and sentenced each of them to rigorous imprisonment for a period of seven years. The sentences were directed to run concurrently. The result of convicting the accused under section 460, Indian Penal Code, was the acquittal of the accused under section 302 read with section 34, Indian Penal Code and therefore the State has preferred C.A.No.175 of 1953 questioning the correctness of the acquittal of the accused for the offence of murder. Each of the accused has filed an appeal against his convictions and sentences.

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