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1924 Supreme(Mad) 489

O.SPENCER
In Re: Semalai Goundan – Appellant
Versus
Unknown – Respondent


JUDGMENT

Spencer, Offg.C.J.

1. The accused has been convicted and sentenced to death, by the Sessions Judge of Coimbatore for the murder of Karuppana Goundan, a boy of thirteen years, son of a widow, who was the 4fch prosecution witness. There is clear proof in the depositions of this woman and P.W., 6, her co-tenant, that the deceased went on the morning of January 31st to the pen in the field, which was cultivated by them jointly, in order to take food for a dog, who was left on guard at that place. At about noon, P.W. 6 found the boy lying dead in the pen, with a severe wound on his neck, which severed the spine and the vertebral arteries. The evidence to connect the accused with the offence is that he was seen by P.W. 7, going to the pen, where the murder must have been committed and coming away quickly a short time afterwards and going eastward. P.W. 10 also says he saw him going to the spot; but he did not see him on the way back. P.W. 9 saw him at a distance of 2 furlongs from the pen and coming away and running alone the itteri to the east. His evidence to that extent corroborates the evidence of P.W.

7. The learned Sessions Judge has accepted the evidence of these witnesses,






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