JUDGMENT

SARKARIA, J.:— This appeal by special leave is directed against a judgment of the High Court of Madras, whereby it maintained the conviction of the appellant Chandran under section 302 read with S. 34 Penal Code, and confirmed the sentence of death inflicted on him by the Sessions Judge, Nagapattinam.

2. The prosecution case, as it emerges from the record, (including the confessional statement, Ex. P. 27 of the appellant) is as follows :-

The murdered person in this case was Gunabushanathachi, an aged wealthy widow, who was living alone in her ancestral house in the East Street of Kodiakarai. Her sons and daughters are grown-up persons and have been living separately from her. Her second son Ragupathy (P. W. 5) is living and carrying on business at Vedaranyam. Her married daughter Rukmani Ammal (P. W. 6) is living with her husband in the North Street at Kodiakarai. The husband of the deceased had died about 2.1/2 years before the occurrence in question. The deceased was managing the family properties.

3. The appellant was working as a servant in the house of the deceased till he attained the age of 15 years. Even thereafter, whenever called upon by the deceased, he used to work off an on for her. Jayabal was co-accused No. 3 and Vaithi alias Vaithianathan was co-accused No. 2 who were jointly tried with the appellant, Chandran. Appellant, Vaithi and Jayabal will hereafter be referred to as A-1, A-2 and A-3 respectively. A-2 is related to A-1 and was his fast friend. A-1, A-2 and A-3 were all living in the Harijan Colony at Kodiakarai.

4. A-1 contracted intimacy with Papathi (P. W. 1), the sister of A-3, A-1 was desirous of marrying her. A-3 was willing to bring about the matrimonial alliance. About a month before the occurrence, A-1 made a proposal of marriage to Papathi. She asked A-1 as to what would he give her as a gift if she married him. A-1 promised to give her two jewels, a thodu and thonoattan. She further questioned him as to where-from he would get the money for acquiring those jewels. A-1 assured that he would find out some means to get the promised jewels. Papathi used to meet A-1 in the Kollai (field) of the deceased where Pappa (P. W. 12) was living. A-1 is related to Pappa as her brother-in-law. She also heard the conversation between A-1 and P. W. 1, relating to the proposal of marriage.

5. The deceased always used to wear a double-row gold chain (M. O. 2), three gold bangles (M. O. 3 series), a pair of gold thodus studded with seven white stones and a gold finger ring.

6. Some weeks before the occurrence, A-1, A-2 and A-3 were taking tea at the Katra Pillais tea-stall at about 8 A.M. They saw the deceased coming from her house and proceeding to paramassivam Temple. She was, as usual, wearing her gold ornaments. Thereupon, A-2 (Vaithi) suggested that if the deceased would go alone to Kila Kollai which was her forest field, A-1 should inform A-2 who would murder her there and take away her jewels and appropriate the same between them. The two had this talk on reaching the house of A-1. A-1 reluctantly agreed to the suggestion. A-1 further told A-3 about the plan to get the jewels to meet the expenses of his proposed marriage with A-3s sister. A-3 also approved of the plan, Subsequently, at the suggestion of A-2, it was agreed that A-1 would decoy the deceased to Kila Kollai on the false representation that some persons were cutting her trees in that field.

7. In pursuance of the above conspiracy, on January 4, 1974 at about 10 A.M., A-1 came to the door-way of the deceased and called her saying that certain trees were lying cut in the Eastern Kollai belonging to her and that she should go and see them. The deceased came out later and accompanied A-1 to the Kollai, but returned shortly thereafter. All this was seen and heard by Smt. Pappa Ammal (P.W.11) who was living in a house just opposite the house of the deceased, and was at the relevant time, standing in front of her house holding her child in her arms.