Burn, J.

1. The appellant and one Venka Narayudu were tried together by the learned Sessions Judge of West Godavari for the murder of a woman named Reddi Venka-yamma late at night on 19th April 1941, or rather on the early morning of the 20th. The case against them was that accused 2 had been carrying on an intrigue with Reddi Venkayamma, who was a married woman, and that early in the morning of 20th April before day light he had decoyed her to the compound of the Local Fund School and there both the accused had killed her. The motive alleged was that of the womans jewels (M.Os. Nos. 1 to 5) which are unusually valuable. The learned Sessions Judge acquitted accused 2, but convicted accused 1 and sentenced him to death. Hence this appeal.

2. There is no dispute about the fact that Venkayamma was murdered by strangulation and there is no dispute about the place or the time of the occurrence. There is no dispute also about the identity of jewels (M.Os. 1 to 5) which were the property of the murdered woman. The evidence against the appellant consists partly of the statements of witnesses who say that they saw him and accused 2 near the scene of offence late on Saturday night or v