Stodart, J.

1. The two accused in this case have been convicted of the murder of Boya Baligadu. The first accused has been sentenced to death and the second accused has been sentenced to transportation for life. The accused file separate petitions of appeal. In the referred trial, the question for decision is whether the sentence of death passed upon the first accused should, if his appeal fails, be confirmed.

2. There is no doubt on the night of the 25th of October, 1938, the deceased was murdered while he lay asleep in the pial of a temple near his house. The cause of death were four great wounds in the neck which must have been caused by a heavy cutting weapon. The Inspector of Police arrived at the village at 5-30 P.M. on the 26th. Suspicion was directed towards the first accused and search was made for him but he was not found till the 28th. On the 28th he was taken into custody and he made a statement to the Inspector in the presence of respectable persons which was reduced to writing. He then went with the Inspector and the Panchayatdars to his maternal uncles house where he lives. From a loft in this house, he took and handed over to the Inspector a billhook which had