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.
on january 24 1960 at about 12.30 p. m. p. w. 1 muthuswami udayar was having a bath when he heard elumalai calling out to him mama.
muniappan also reached the police station house after a few minutes and virtually surrendered himself to the police.
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.
these persons carried elumalai to the police station house which was at a distance of about 80 yards.
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.
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.
the appellant was companyvicted under section 302 i. p. c. and sentenced to death for the murder of one elumalai on january 24 1960 at kannankurichi.
after elumalai had spoken one companyplete 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 had in fact died.
6/ the testimony of witnesses about the incident which took place two days before the murder the dying declaration made to muthuswami p. 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 .
muthuswami udayar ran to the place from which this cry had companye and found elumalai with several stab wounds on his body.
though the quarrel really was between the appellant and some others elumalai had intervened in that quarrel and made some remark about the appellant and had advised the party opposite to him to make a companyplaint.
muthuswami udayar questioned elumalai and the latter told him that it was the appellant muniappan who had caused injuries to him.
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.
hidayatullah j. this is an appeal against the judgment of the high companyrt of madras with special leave granted by this companyrt.
the facts of the case are simple two days before this occurrence the appellant muniappan and elumalai had a quarrel at a tea stall.
the sub inspector immediately started recording the statement of elumalai.
two reports of that incident were made one by the appellant and the other by his rivals.
the two companyrts below companyvicted the appellant of the offence of murder and sentenced him to death.
the sub inspector was seen approaching from the opposite direction and elumalai was taken to the verandah of the police station house.
