Mack, J.-This is a strange and somewhat painful case of a youth aged 16 being found guilty of the murder of one Govindan Servai by cutting his neck with an aruval while he was asleep in his house on the night of 18th July, 1951. According to the prosecution and the evidence in this case the appellant also similarly cut one Malayappa Konan while he was asleep in his house on the other side of the street. Malayappa Konan hacked in the neck also died instantaneously. The learned Sessions Judge of Tiruchirapalli tried the present case only as regards the murder of Govindan Servai and found him guilty under section 302, Indian Penal Code and while of the opinion that his action in cutting an innocent sleeping man in the neck with an aruval was “very heinous” sentenced him to the lesser sentence for reasons which completely fail to convince us. The extenuating circumstance which appears to have been found was that the appellant committed this murder in fear that the deceased was intending to make a report against him at the police station regarding a theft.

2. The motive evidence in this case may be briefly set out. Appellant was a youth who lived near the house of Govindan Servai and wit

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