JUDGMENTBY: MATHEW CJ

(delivering the judgment of the Court): -- The appellant was convicted of the murder of an old fowl-seller and was sentenced to death. The deceased met his death on 15th May, and on the 17th of May his body was discovered in an abandoned tapioca plantation. His hands and feet were tied and two sticks were lying near the body. Either of those sticks could have caused the injuries which resulted in his death.

It was proved that on the 16th of May the appellant pawned some jewellery which belonged to the deceased. Apart from this piece of evidence there is nothing to connect the appellant with the crime. One Saad gave evidence that he was called by the appellant to the scene of the killing and asked to assist in digging a grave; but in his summing up to the assessors the learned trial Judge directed them to disregard his evidence entirely and, presumably, when the learned trial Judge convicted the appellant he himself disregarded Saads evidence. The conviction then rests entirely on the proved fact that the appellant was in very recent possession of property of the deceased. Whether the deceased was carrying exhibits P9 and P10 on the day he met with his deat