Mack, J.-Appellant, a young man aged 20, has been found guilty under section 302, Indian Penal Code and sentenced to death by the learned Sessions Judge of Coimbatore for the murder of one Muthuswami Goundan, who was incidentally sentenced to transportation for life in 1926. After serving his sentence, he returned to his village Andhiyur and lived with his younger brother P.W.9 The deceased had the right, it would appear, to collect tolls at the Andhiyur shandy from hawkers.

The prosecution case is that on 20th November, 1950, on shandy day in this village, the appellant came to the Police Station at about 2-30 p.m., with a blood-stained spear. The statement recorded from him by the Sub-Inspector (P.W.15) was ruled out as inadmissible in evidence quite rightly but most unfortunately in this case as, under section 25 of the Evidence Act, a confession made to a police officer cannot be proved against an accused. The Sub-Inspector immediately after recording the accused’s statement and taking him into custody went to the Andhiyur shandy and found a blood-stained patch near the rice baskets of hawkers. The evidence shows that P.Ws.4 and 5 two coolies in the employ of the deceased, who a

Click Here to Read the rest of this document