Judgement

HIDAYATULLAH, J. : This is an appeal by special leave against the judgment of the High Court of Judicature at Madras, January 18, l962, by which the High Court confirmed the conviction of the appellant Periyasami under S. 302, Indian Penal Code, and the sentence of death imposed on him. The facts of the case are as follows:-

Periyasamy was charged with the murder of his wife Kaveri Ammal on the morning of May 11, 1965, at 6 a. m. at a place in Kirambur where they were residing in what is called a shed in the record of the case. Opposite to this shed was another shed in which Periyasamy s brother with his wife Pappayee (P. W. 1) was residing. Periyasamy and Kaveri Ammal had been married for a period of two years during which time Kaveri Ammal used to go away frequently to her parents place, and the motive suggested is that it used to enrage the appellant Periyasamy. On the morning of the day of occurrence, Pappayee heard the cry "Ayyo, ayyo", and she states that she saw Periyasamy striking his wife with a koduval. Pappayee raised an alarm. Periyasamy thereupon threw the koduval away and retired to his shed and taking hold of a rope climbed a tree. He tied one end of the rop