Mockett, J.

1. The appellant has been convicted and sentenced to death for the murder of one Allu Akkamma by throttling her on 4th December 1938, and it is well to remember that the charge is specific, that the murder was caused by throttling. On the morning of 4th December the deceased was proceeding from Goladi, a village which will be found on the south of the plan, Ex. M, towards a village called Yedlavalasa, which is not marked on the plan, but which it is conceded is beyond Mettavalasa which is to the north of the plan. The learned Judge has summarized the facts in this case very fully and we may say at the outset that we are largely in agreement with him with regard to his findings of fact. The deceased set out on that morning according to P.W. 5, her brother-in-law, at about 8 A.M. and she was seen about one furlong from Goladi village walking in front of a man who P.W. 16 was almost but not quite certain was the accused. She was wearing a black sari similar to M.O. 2, for that is no doubt what P.W. 16 means when he says that she was wearing M.O. 2. Her later history is spoken to by P.Ws. 17 and 18. P.W. 17 says that at about 9 oclock he saw her near the uplands betw