BIR BAHADUR Vs. STATE

JUDGEMENT

(1.) BIR Bahadur and Dal Bahadur Kharka Chetri are two brothers. Both of them were tried by the Addl. Sessn. Judge, L.A.D. at Tezpur with the help of a jury and were sentenced to transportation for life under Sections 302/34 I.P.C. on the allegation that they had murdered their co -villager Dal Bahadur Thapa Chetri in the 'dawn' of 19 -5 -1951 when the deceased was still in his. bed. The evidence in support of the murder comes from the deceased's wife Drunamaya (or Durnamaya) and his brother Tikaram Thapa Chetrl who lived next door.

(2.) THE accuseds' was a plea of not guilty and their suggestion was that Drunamaya was a woman of bad character and was carrying or with Tikaram's servant Jong Bahadur, whom she married just after her husband's death and it might be through him that she caused the murder herself and falsely implicated the accused out of sheer malice,

(3.) THE question is whether there is any misdirection, vitiating the charge and this Court can and should interfere having regard to the provisions of Section 423 (2), Criminal P.C. which runs as follows: