Burn, J.

1. The appellant Bangaru Reddi has been convicted of murder by the learned Sessions Judge of South Arcot and sentenced to death. The case for the prosecution was that on the early morning of 15th September 1939, the appellant killed a woman named Mangathayi Ammal by throttling her. Mangathayis corpse was found just before daylight on the morning of 15th September when her little daughter, P.W. 5, a child of eight, came in after going outside to answer calls of nature. This child on her return called to her mother and getting no answer she went about the house trying to find her mother and at last her foot came in contact with her mothers head and then she discovered that her mother was motionless. It was found that jewels which Mangathayi was in the habit of wearing had been taken from her body but no one had any idea who the murderer was. Information was given to the Police by the karnam of the village (P.W. 10) who took action in the absence of the Village Munsif. The karnam saw a crowd near the house of P.W. 4 who is the husband of the deceased and when he went there, he saw the corpse of Mangathayi. P.W. 4 himself was not there. He had. gone away very early in t