Happell, J.

1. The appellant has been convicted by the learned Additional Sessions Judge of Tinnevelly of the murder of one Baliah Nadar on 13th of March last, at the village of Attankarai and has been sentenced to death.

2. The deceased Baliah Nadar was married to a woman named Chellammal. The evidence is that this woman was not faithful to him, and that she was on terms of intimacy with a certain Chinna Chelliah Nadar. The accused was this mans elder brother. On the 13th of March, Chellammal and P.W. 6 went in the evening to the river in the neighbourhood of the village for water. Chellammal put her pot down, crossed the river and did not return. P.W. 6 on going back to the village informed Baliah Nadars father (P.W. 5) of this and P.W. 5 sent Baliah Nadar to search for her. Neither Baliah Nadar nor Chellammal returned and inquiries made by P.W. 5 that night had no result. The next morning he went and made a search in the neighbourhood of the river and found marks of blood near a pit by the side of a brick-kiln. He reported this to the Village Munsif and the Village Munsif sent a report to the Police. Investigation of the case was started on the 15th and that afternoon the