Pandrang Row, J.

1. The two appellants in this appeal have been convicted by the Additional Sessions Judge of Coimbatore, appellant 1 of an offence punishable under Section 201, Penal Code, and appellant 2 of murder. Appellant 1 received a sentence of five years rigorous imprisonment while appellant 2 was sentenced to transportation for life under Section 302, Penal Code. The case arose out of the discovery of the dead body of one Ramaswami Thevan, a bachelor of about 23 years in the early morning of 8th October in the Itteri near the field belonging to witness Royappa Goundan. Ho reported the discovery of the dead body which had numerous injuries to the village Munsif who reported the matter to the police and the Magistrate. The inquest was held on Sunday night 8th October and the only eye-witness examined at the inquest was not examined as a witness for the prosecution.

2. The next day however during the investigation the Sub-Inspector was able 1,0 got the evidence of two eye-witnesses namely, Kanda Yannan and Muthu Kumaraswami Thevan, P.Ws. 9 and 7 respectively, according to whom appellant 2 was the person who actually inflicted the fatal injury with an aruval on the decea