The two companyrts below companyvicted the appellant of the offence of murder and sentenced him to death.
After Elumalai had spoken one companypete sentence, he companyld number speak any further, and though he was given some soda water to drink, it was found that he companyld number swallow it and bad, in fact, died.
On January 24, 1960, at about 12.30 P.m.,
Muniappan also reached the Police Station House after a few minutes and virtually surrendered himself to the police.
Though the quarrel really was between the appellant and some others, Elumalai had intervened in that quarrel, and made some remarks about the appellant, and had advised the party opposite to him to make a companyplaint.
468 of 1960 and referred Trial No.
Appeal by special leave from the judgment and order dated August 30, 1960, of the Madras High Court in Criminal Appeal No.
The Sub Inspector immediately started recording the statement of Elumalai.
The Sub Inspector thereupon took the thumb impression of Elumalai upon the statement as recorded, and four other witnesses also signed or put their thumb marks on it.
Investigation disclosed that this knife together with the sheath was purchased by Muniappan from Ameer Khan P.W. 6 on the evening of January 23, 1960.
On a statement by Muniappan the Police went to a garden and recovered from there a knife which later ,Was found to be stained with human blood.
Muthuawami Udayar questioned Elumalai, and the latter told him that it was the appellant Muniappan who had caused injuries to him.
stall.
49 of 1961.
6/ the testimony of witnesses about the incident which took place two days before the murder the dying declaration made to Muthuswami W. 1 the dying declaration recorded by the Sub Inspector in the presence of witnesses an alleged statement made by the accused to the doctor when he was examined for an injury on his thumb and the evidence of the alleged eye witness Elian alias Kundaswami P.W. 2 .
CRIMINAL APPELLATE JURISDICTION CriminalAppeal No.
These persons carried Elumalai to the Police Station House which was at a distance of about 80 yards.
38 of 1960.
September 27.
The facts of the case are simple Two days before this occurrence the appellant Muniappan and Elumalai had a quarrel at a tea.
P.W. I Muthuswami Udayar was having a bath when he heard Elumalai calling out to him ,Mama.
Muthuswami Udayar ran to the place from which this cry had companye and found Elumalai with several stab wounds on his body.
One of his clothes, which was stained with blood, was seized and in one of his pockets was found a sheath which was also seized as presumably belonging to the knife with which the stab injuries were caused.
Muthuswami gave first aid to Elumalai, and meanwhile Elian alias Kundaswami P.W.2 and K.R. Perumal P.W.3 also, arrived on the scene.
Ganpathy Iyer and T. M. Sen, for the respondent.
N. Sethi, for the appellant.,
The Judgment of the Court was delivered by HIDAYATULLAH, J. This is an appeal against the judgment of the High Court of Madras, with special leave granted by this Court.
The appellant was companyvicted under s. 302, I.P.C., and sentenced to death for the murder of one Elumalai on January 24, 1960, at Kannankurichi.
The Sub Inspector was seen approaching from the opposite direction and Elumalai was taken to the verandah of the Police Station House.
Two reports of that incident were made, one by the appellant and the other by his rivals.
