JUDGMENT

GOSWAMI, J.:— This appeal by special leave is directed against the judgment and order of the High Court of Madras convicting the appellant (hereinafter to be described as the accused) under Sec. 302, I.P.C. and sentencing him to death.

2. The police had submitted charge-sheet under Section 302/34, I.P.C. against the present accused and accused Jabamani Nadar alias Kanyakumari Comrade alias Ramu and Thamizharasan alias Ramaswami, who was shown as an absconder. On the prayer of the prosecution the case against the first two accused, without the absconding accused, was taken up for trial. The two accused were charged under Section 120B read with Section 302 and 109. I.P.C. as well as under Section 302/34, I.P.C. The case was referred to the High Court as usual and the accused also preferred appeals against their conviction and sentence.

3. The High Court acquitted accused Jabamani Nadar alias Kanyakumari Comrade alias Ramn and accepted the reference in respect of the present accused. His appeal was also 384 dismissed. Hence this appeal by special leave.

4. The facts are in a brief compass. The deceased, Viswanatham Pillai, was the village Munsif (Headman). On April 26, 1971, at