Wadsworth, J.

1. The accused in this case have been convicted by the learned Sessions Judge of Tinnevelly of an offence under Section 302, Indian Penal Code. It is alleged that they on the 23rd March, 1940, at Ottudanpatti, a village in the Koilpatti Taluk, murdered one Sangili Thevar. Prosecution evidence is that the deceased was attacked in the street at about 3 p.m., by the two accused, the first accused holding him while the second accused cut him, and that this was done in the presence of three eye witnesses--P.W. 3 a man of the village, one Sanga Reddiar who has not been examined by the Sessions Judge and is also a man of the village, and P.W. 4 a man who lives some four miles away and happened to be present. The deceased received a large number of injuries and died before the arrival of the Village Munsif. The Village Munsif heard of the occurrence when in a hamlet a mile and a half away and he is said to have been there by 4 p.m., and hearing that P.W. 3 was a witness he sent for him and took a complaint from him which is alleged to have been despatched at 6 p.m., and to have reached the police station, which we are told is 8 miles away, at 9-30 p.m. The two accused