1. There is no reason to doubt that the death of the deceased, Subba Korathi, was caused by a violent blow on the head with a stone as described by Prosecution witness No. 2. And I find no ground for distrusting the identification of the five appellants by this witness and her son Prosecution witness No. 1. The appellants were persons quite familiar to them and there was more light to see by. There is evidence to show that all the men were given immediately after the offence. There is no evidence to support the very improbable allegation of the appellants that the old woman was killed by her own son (Prosecution witness No. 1) to get them into trouble.
2. On the other hand, I find no sufficient ground for holding that the beating of the deceased with a stone was in pursuance of the common object of the appellants and consider that the opinion originally expressed by the Assessors is correct, viz., that the second accused alone is guilty of an offence under Section 304, Indian Penal Code, and the other accused only of rioting under Section 147, Indian Penal Code.
3. The conviction and sentence of the second appellant is confirmed. The conviction of the other appellants is altered to one under Section 147, Indian Penal Code, only and their sentences reduced to ten years' rigorous imprisonment in the case of the 1st appellant and one year's rigorous imprisonment in the case of the others.
4. Conviction and sentence of the 2nd appellant con-firmed; the others modified.