Ayling, J.

1. The three accused in this case have been convicted of dacoity in the house of one Krishnan Nair of Olavattoor and murdering him by beating him to death. The offence was committed on the night of 24-10-1921 in the course of the Mopla rebellion. The prosecution evidence tends to show that about night-fall a band of some 25 armed rebels attacked a small hamlet consisting of about 5 houses of which Krishnan Nairs was one All were looted, the inmates of these houses escaped but Krishnan Nair was caught and beaten twice, the second time with fatal results, and his body thrown into a well. The well is said to have subsequently been filled up and the body has not been found; but, in the light of the evidence in this case, we see no reason whatever to doubt that Krishnan Nair was killed that night in the course of the dacoity. We have the evidence of four of the inhabitants of the hamlet who depose to this occurrence and to have seen the three appellants, who were well-known to them, beat Krishnan Nair and throw his body in the morning into the well.

2. Before discussing the merits of the case, I shall deal with two preliminary objections taken to the procedure of the sp