Judgment

KHANNA, J. :- Thulia Kali (26) was convicted by Sessions Judge Salem under Section 302, Indian Penal Code for causing the death of Madhandi Pidariammal (40) and under Section 379, Indian Penal Code for committing theft of the ornaments of Madhandi deceased. The accused was sentenced to death on the former count. No separate sentence was awarded for the offence under Section 379 Indian Penal Code. The High Court of Madras affirmed the conviction and sentence of the accused. The accused has now come up in appeal to this Court by special leave.

2. The prosecution case was that Madhandi deceased purchased land measuring 1 acre 62 cents from Thooliva Thiruman (P. W. 5) elder brother of the accused for rupees one thousand. The land of the accused adjoined the land sold to Madhandi deceased. The accused wanted Madhandi deceased to sell that land to him but the deceased to do so. Madhandi constructed a fence around the land purchased by her, as a result of which the passage to the land of the accused was obstructed. About a week before the present occurrence, the accused removed some jacks fruits from the land purchased by the deceased. Complaint about that was made by the deceased