ANNA CHANDY, J. :-

This appeal is against the judgment in Sessions Case No. 22 of 1959 of the Sessions Court of Quilon. The two accused were charged under S. 302 read with S. 34, I.P.C. for having caused the death of one Thomas George by stabbing and beating I am in furtherance of their common intention to murder him. The 2nd accused was also charged under S. 324, I.P.C. for having caused hurt to Pw. 1 by beating him with a stick.

The charge under S. 34 being negatived, the 1st accused was convicted under S. 302 I.P.C. and sentenced to the extreme penalty, while the 2nd accused was convicted under S. 324 for causing hurt to Thomas George and sentenced to undergo rigorous imprisonment for one year. In addition, the 2nd accused was convicted under S. 324 and" sentenced to undergo rigorous imprisonment for one month for causing hurt to Pw. 1. The appeal is by the 1st accused and the reference is by the Sessions Judge in respect of the death sentence awarded to the 1st accused.

2. The 2nd accused and the deceased Thomas George are brothers, and the 1st accused is the son of the 2nd accused. By a will executed by their father, some 7 years back, the 2nd accused and the deceased we