Somasundaram, J.-The appellant in this case has been convicted by the learned Sessions Judge of Ramanathapuram division for the murder of his wife, Manikki, at about 7 a.m. on 7th March, 1955, in the cart-track north of Selliamman Koil Oorani in Kallangudi village and sentenced to death.

The occurrence is stated to have taken place on the cart-track while the said Manikki was coming, taking water from Selliamman Koil Oorani. The appellant married this Manikki in or about June, 1954. There was great disparity in age between the appellant and his wife, the deceased. The appellant was aged about 40 years while the deceased was only about 16. The mother of the deceased was unwilling to give her daughter in marriage to this appellant but P.W.8 the paternal uncle of the deceased and two other persons, P.Ws.9 and 10 who were stated to be the friends of the family were responsible for the marriage of the deceased with the appellant. The mother did not even attend the marriage showing thereby her strong disapproval of it. The appellant had by his first wife two sons one of whom is P.W.12 in the case. The deceased and the appellant got on well for two or three months. Later the appellant started complaining that the deceased was not sharing bed with him and there is evidence in the case to show that this woman was frequently going to the house of one Manickam who is stated to be a cousin of the appellant. The appellant tried his best to prevent his wife from going to the house of Manickam but he did not succeed. A few days before the occurrence, one night the deceased was sleeping at the threshold of the house while the appellant was sleeping in the pial. The appellant heard a noise caused by the beating of the cocoanut leaves with which the deceased was covering herself. The appellant asked her as to what the noise was and she replied that she was driving away mosquitoes. After some time the appellant asked as to why the dog was barking and to this the deceased did not reply. Next morning the appellant took the deceased to the fields and questioned her about the previous night’s incident. No satisfactory reply was forthcoming. After their return from the fields the appellant was sharpening a knife in the presence of the deceased and his son, P.W.12. When P.W.12 asked him as to why he was sharpening the knife the appellant replied that he was going to cut a goat. The quarrels between the appellant and his wife were the subject of a panchayat in the village and in spite of the best efforts of the panchayatdars they could not make the appellant and the deceased live together. The deceased became disgusted with her husband and finally she came away to the house of P.W.8, her paternal uncle a few days before the occurrence. She told her uncle that it was not possible for her to live with her husband as he was threatening her every now and then and that he was even "sharpening a knife in her presence.

On the morning of the occurrence the deceased along with P.Ws.6 and 7 went to the village oorani to fetch water. After taking water they were returning along the cart-track. As they were returning they saw P.Ws.1 and 3 to 5 going towards the oorani for bringing water. P.W.6 was coming first and behind her was coming P.W.7 and after her the deceased was coming. When the deceased was coming near a place called Pongal-oven, P.W.6 and 7 saw the appellant coming in front of them. In about a few minutes’ time they heard the sound of a mud pot falling down and when they turned towards the oorani side they saw the appellant stabbing the deceased with a knife. The other persons, namely, P.Ws.1 and 3 to 5 who had also gone to the oorani were returning and when they neared the said place, they heard the cries of the deceased and saw the appellant stabbing the deceased and running away into the fields. The deceased had fallen down on the ground and died soon after. P.W.1 went to P.W.8 and reported the matter. P.W. 8 went to the scene of occurrence and saw th

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