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Judgment
We see no reason to doubt the substantial truth of the prosecution story as to the dacoity, the manner in which deceased Karuppa Goundan met
his death, or the complicity of appellants.
We do not, however, think that the act of the accused Nos. 1 and 2 amounts to murder. It seems clear that they stuffed a cloth into deceased''s
mouth in order to silence him, not with any idea of killing him, and the most that can be said is that they must be presumed to have known that they
were likely in so doing to cause his death: (Vide last clause of Section 299, Indian Penal Code). We alter the sections under which appellants have
been convicted from Sections 302 and 396, Indian Penal Code, to Sections 304 and 395, Indian Penal Code. We reduce the sentences on
accused Nos. 1 and 2 to seven years'' rigorous imprisonment and confirm the sentences on the other appellants.