NAGA KACHARI Vs. THE STATE

JUDGEMENT

(1.) THIS appeal is on behalf of Naga Kachari who was convicted by the learned Additional Sessions Judge, Lower Assam Districts under Section 302, Penal Code and sentenced to imprisonment for life. The learned Additional Sessions Judge accepted the majority verdict of the jury, the verdict being divided as seven to two.

(2.) THE case for the prosecution was that at about sun -set on 7 -9 -1952 Aghona Kachari who is at places described as Aghona Master (a teacher went out to a place within his compound to attend to the call of nature with a ghoti (water pot) in his hand. At that time three persons were seated in the courtyard of Aghona they being his mother Maghi Kacharini, his wife Mt. pomila Kacharini and a neighbour Gela Kachari. They soon heard a cry coming from the direction to which Aghona proceeded a few minutes ago - that he was being killed by Naga the accused.

(3.) THE learned Advocate for the appellant drew our attention to certain small discrepancies in the matter of evidence. The evidence as placed before the jury by the learned Additional Sessions Judge was fair. The main question was whether there was sufficient evidence about the identification of Naga Kachari at the time of occurrence. That Maghi and Pomila went to the place of occurrence is not denied nor seriously challenged.