Basheer Ahmed Sayeed, J

[1] The appellant, Kandaswami Gounder, has been found guilty under Section 302, I. P. C. for the murder of one Tholkkaran Ramaswaim Gounder and sentenced to death by the learned Additional Sessions Judge of Coimbatore division. The deceased was running a mutton shop. He used to slaughter goats in his shop and send the skins to Pollachi. He was also manufacturing illicit arrack and selling it. The appellant along with P. W. 3 and a brother-in-law of the appellant and a few others used to visit the house of the deceased, eat mutton there and take illicit arrack sold by the deceased.

The deceased used to carry the illicit arrack manufactured by him and sell the same in the village of Anikkadavu. The appellant was very much dissatisfied with the deceased for the reason that the deceased had spoiled the appellant's brother-in-law one Palaniswami by making him drink illicit arrack and go after the women. Two months prior to the occurrence, which is said to have taken place on 30th March 1956, the appellant had quarrelled with the deceased on this very same ground, arid since then both of them were not on talking terms.

As a result of the influence of the d