M.HIDAYATULLAH, J.

(1) THIS is an appeal against the judgment of the High court of Madras, with special leave granted by this court. The appellant was convicted under S. 302, 1. P. C. and sentenced to death for the murder of one Elumalai on 24/01/1960, at Kannankurichi. The facts of the case are simple:

(2) TWO days before this occurrence the appellant Muniappan & Elumalai had a quarrel at a tea-stall. Though the quarrel really was between the appellant and some others, Elumalai had intervened in that quarrel, and made some remarks about the appellant, and had advised the party opposite to him to make a complaint. Two reports of that incident were made, one by the appellant and the other by his rivals. On 24/01/1960, at about 12-30 p.m., P. W. 1 Muthuswami Udayar was having a bath when he heard Elumalai calling out to him "Mama". Muthuswami Udayar ran to the place from which this cry had come and found Elumalai with several stab wounds On his body. Muthuswami Udayar questioned Elumalai, and the latter told him that it was the appellant Muniappan who had caused injuries to him. Muthuswami gave first aid to Elumalai, and meanwhile Elian alias Kundaswami (