Horwill, J.

1. The appellant has been convicted by the learned Sessions Judge of Trichinopoly of the murder of his daughter-in-law, Sellayi, at about 1 p.m. on 29th June 1943, and sentenced to death. P. Ws. 3 and 4, the brother and sister respectively of the deceased, claim to be eye-witnesses. They say that the appellant had been frequently coming to their house and asking the deceased, their sister, to come and live with him. She had consistently refused to do so. On the day of the offence, at about noon, he twice asked their sister to come to his house; but she again refused. Thereupon, the accused came with a spear and stabbed her on her cheek with such force as to cause the stick to break off. Seizing the spear head with his hand, he stabbed the deceased in the abdomen and other places. She rushed into the street and dropped down dead. P.W. 3 at once went off to fetch P.W. 8, a respectable neighbour, who, upon seeing what had happened, went to the house of the accused, seized him, and tied him up. There were many persons living in the neighbourhood; and some of them have deposed that upon hearing the cry of the deceased they came running to the spot and saw the deceased