Burn, J.

1. On 15th March 1940 a man named Abraham who belonged to Rentachintala was murdered at Gurzala. His dead body was found on the roadside next morning and the Sub-Assistant Surgeon, Gurzala, (P.W. 1) who made the post mortem examination the same day expressed the opinion that the man had been killed partly by strangling him and partly by squeezing his testicles. There is no doubt about the fact or the manner in which Abraham was done to death and the case is certainly one of murder. In S.C. No. 42 of 1940 four men were put on their trial before the learned Sessions Judge of Guntur for the murder of Abraham. The learned Sessions Judge agreeing with all the assessors found accused 1 alone guilty and sentenced him to death and acquitted the other three. C.A. No. 764 is the appeal of accused 1. C.A. No. 925 is an appeal preferred by the learned Public Prosecutor on behalf of the Provincial Government against the acquittal of the other three.

2. The principal evidence on the side of the prosecution was given by three women Sayamma, Akkamma and Kottamma (P. Ws. 2, 3 and 4). It was in their house that, Abraham was murdered and they said that they were eye-witnesses of the mu