Judgment

KHANNA, J. :- Thulia Kali (26) was convicted by Sessions Judge Salem under Section 302, Indian Penal Code for causing the death of Madhandi Pidariammal (40) and under Section 379, Indian Penal Code for committing theft of the ornaments of Madhandi deceased. The accused was sentenced to death on the former count. No separate sentence was awarded for the offence under Section 379 Indian Penal Code. The High Court of Madras affirmed the conviction and sentence of the accused. The accused has now come up in appeal to this Court by special leave.

2. The prosecution case was that Madhandi deceased purchased land measuring 1 acre 62 cents from Thooliva Thiruman (P. W. 5) elder brother of the accused for rupees one thousand. The land of the accused adjoined the land sold to Madhandi deceased. The accused wanted Madhandi deceased to sell that land to him but the deceased to do so. Madhandi constructed a fence around the land purchased by her, as a result of which the passage to the land of the accused was obstructed. About a week before the present occurrence, the accused removed some jacks fruits from the land purchased by the deceased. Complaint about that was made by the deceased to the Panchayatdars. The Panchayatdars considered the matter, but the accused declined to abide by the decision of the Panchayatdars.

3. On March 12, 1970 at about 12 noon, it is stated. Madhandi deceased left her house situated in village Sakkarapatti along with her daughter-in-law Kopia Chinthamani (P. W. 2), aged 10 for Valaparathi at a distance of about two miles from the village for grazing cattle Shortly thereafter. Valanjiaraju (P. W. 1), stepson of Madhandi deceased, also went to Valaparathi and stated cutting plants at a distance of about 250 feet from the place where the deceased was grazing the cattle. At about 2 p. m. the accused came to the place where Madhandi deceased was present and asked her whether she would give him the right of passage or not. The deceased replied in the negative. The accused then took out knife Ex. 1 and gave a number of knife blows to the deceased in spite of her entreaties to the accused not to stab her and that she would give him what he wanted. Kopia PW raised alarm and ran from the place of occurrence. She met Valanjiaraju PW and told him that the accused was giving knife blows to Madhandi. Accompanied by Kopis. Valanijaraju then went towards the accused but he threatened them with knife. Valanjiaraju and Kopia thereupon went to the village and informed the husband of the deceased as well as a number of other villagers including Aneeba (PW 3) and Selvarai (P. W. 4). Valanjiaraju and a large number of other villagers then went to the place of occurrence and found the dead body of Madhandi deceased lying there with injuries on her throat, face and other parts of the body. Both her ears were found to have been chopped off. Her jewels had been removed.

4. According further to the prosecution Valanjiaranji went to the house of village munsif Muthuswami (P. W. 8) to inform him about the occurrence. Muthuswami, however, was away from the house to another village in connection with some collection work. Muthuswami returned at about 10.30 p.m. and was told by Valanjiaraju about the occurrence Muthuswami did not record the statement of Valanjiaraju at that time and told him that he would not go to the spot where the dead body was lying on that night as wild animals would be roaming there and that he would go there on the following morning. Muthuswami went to the spot where the dead body of the deceased was lying at about 8.30 a.m. on the following day, that is, March 13, 1970 and had a look at the dead body of the deceased, Statement P. 1 of Valanjiaraju was recorded by Muthuswami at 9 a.m. at the spot. The statement was then sent by Muthuswami to police station Valavanthi at a distance of about two miles from the place of occurrence. Formal first information report P. 15 on the basis of statement P. 1 was prepared at