The accused was charged under section 302, Indian Penal Code, with having murdered Viswalingam, a boy, aged about 13, on 21st December, 1953, by drowning Viswalingam in Vari Voikkal, an irrigation channel with water about 3 feet deep in Vellamperambur, to rob Viswalingam of the petty jewels he wore then, two rings, M.Os. 1 and 2, and a pair of ear-rings, M.Os. 3 and 3 (a). The learned Sessions Judge convicted the accused under section 302, Indian Penal Code and sentenced him to death, subject to the confirmation of that sentence by this Court.

In the absence of direct evidence to prove that it was the accused that had drowned Viswalingam in the channel, the prosecution relied on circumstantial evidence, and also on an extra-judicial confession the accused was alleged to have made to P.Ws.1, 3 and 8 in the village on the night of 22nd December, 1953, before the occurrence was reported by P.W.1 to the karnam P.W.9.

The learned Sessions Judge, however, declined to take into consideration this extra-judicial confession sworn to by P.Ws. 1, 3 and 8 and also embodied in Exhibit P-1 mainly on the ground, that it had not been satisfactorily proved that the confession was volu