Stodart, J.

1. The accused Subbiah Tevarhas been convicted and sentenced to death for the murder of Sundarammal. He has filed two petitions by way of appeal. In his statement made under Section 342 to the Sessions Judge he declared that the Sub-Inspector of Police P.W. 9 concocted the case against him because he refused to give him fodder for his bulls. In one of his appeal petitions he states that the case has been concocted against him by enemies because he was the principal witness in a murder case five years ago. In the referred trial the question for our decision is whether the sentence of death should not be confirmed.

2. There is no doubt that Sundarammal a woman of 60 was murdered in her field on the morning of Saturday, the 30th July. She was seen in the early morning when she set out for her field, by her daughter P.W. 5 who lives in the opposite house and by P.W. 6 her next door neighbour, and she was seen again by P.W. 7 in her field about 8 A.M. At midday her son P.W. 4 when he went to the field to take her midday meal found her lying dead near the well. Her face and the front of her head had been battered in. There was blood on the ground there. It was clear tha