King, J.

1. The appellant was the third accused in S.C. No. 52 of 1939 before the learned Sessions Judge of Vizagapatam. The three accused in that case were charged with the murder of one Pendyala Ramalingam, Village Munsif of Kondasekharapalli and with the murder of Pantala Appayya, a bandy driver and with causing hurt with a dangerous weapon to two of the witnesses in the case, P.Ws. 14 and 15. The evidence in the case established the fact that the deceased Ramalingam and the two witnesses started in Appayyas bandy from Kondasekharapalli on the night of the 20th June, last to go to Parvatipur and that they were attacked by three men about half way on their journey. Ramalingam was killed immediately but Appayya survived until the 22nd when he died in hospital and the two witnesses received minor injuries. The evidence in the case was twofold; firstly, the evidence of identification and secondly, evidence based upon the confession made by the appellant. The evidence of identification was not considered by the learned Sessions Judge sufficiently safe to act upon. He accepted neither the evidence of the two witnesses who were travelling in the bandy nor that of the two other w