Mack, J.- The appellant, a Mopla, has been found guilty under section 302 Indian Penal Code, of the murder of his wife Pathu, aged 25, on 20th August, 1954, some time between 9-30 p.m. and 11-45 p.m., and sentenced to transportation for life by the learned Sessions Judge of North Malabar.

The facts of this case are very tragic, the murder being founded really on desperate poverty, the evidence showing no unchastity or even any suspicion of it on the part of this wife. The body was found on the bench of an aided elementary school in Badagara at 7 a.m . the following morning by a school teacher, P.W.1, with ghastly wounds on her’ neck which have been proved to have been caused by a small pen-knife M.O. 9. There was an incised wound 8“x 4” x 3“across and around portion of the neck cutting the muscles, veins, arteries, nerves and trachea. There was another wound 10” x 5“x 2½” from the middle of the neck to the left side cutting all structures. There were also two comparatively minor-incised wounds.

The accused was arrested on 26th August, 1954, by the Sub-Inspector, P.W. 24, on the road near Badagara Railway Station. He had in his possession a penknife M.O.9 and a dhoti M.O.10 on which,

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