Beasley, C.J. and Walsh, J.

1. On 19th October 1929 at about 6 p.m. or a little earlier a man named Tirumeni Servai was stabbed in the neck at Appantirupathi and died almost immediately. One Malayalam alias Veeranan Ambalam was tried for that offence in the Sessions Court of Madura, convicted of it and sentenced to transportation for life. It was clearly established that Tirumeni Servai was stabbed in a mantapam by the side of the road and this fact is of considerable importance. Shortly after 9 p.m. on the same day Kodangi alias Arunachalam Servai a nephew of the deceased sent a telegram to the District Superintendent of Police at Madura North. It is worded as follows:

Self and Tirumeni Servai went to Alagarkoil Road, Alagapuri. Our enemies, Madar Moideen older brothers son of Ottakundi Mohamed Ganis sisters son Raja, Rowther, Anupanadhi Alagumlai Pillai, Vellayakundram Manthayans son Malayalam, these four stabbed Tirumeni Servai. Tirumeni Servai lying unconscious on Appantirupathi road. Pray take immediate steps. Arunachalam Servai, Kilavadampoki Street.

2. The fourth name mentioned in the telegram is that of the convicted man. This telegram was later on for obvious reasons tre