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1943 Supreme(Mad) 107

KING


JUDGMENT

King, J.

1. The appellant here was the second accused prosecuted before the learned Sessions Judge of Ramnad for the murder of a woman named Meenakshi Achi on the evening of the 26th September last. The deceased was admittedly murdered in her flower garden about 1/1/2 furlongs away from the village. Her dead body was found on the 27th September in a well in the garden. Two persons were prosecuted for the murder. The first accused who was eventually acquitted, was the gardener employed in the garden. The second accused was an acquaintance of his, who was in need of money at the time. There is no direct evidence of the offence and there is no direct evidence from the post mortem certificate or the testimony of the doctor as to the cause of death. The body when found had marks of three punctured wounds upon the head; but those wounds by themselves according to the doctor would not be sufficient to cause death.

2. The principal evidence upon which the second accused was convicted comes from his own conduct. He has given a statement to the police as a result of which he has informed them of the existence of P.W. 15, who confirms his story that the two accused sold to him (P.W. 15)

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