S. N. GUHA RAY, J.

( 1 ) THE appellant Moral Majhi along with 17 thers was put on his trial on different charges. Moral Majhi and Gurai Majhi were charged under Section 304/34, I. P. C. , and the rest were charged under Section 304/149. I. P C. , for having killed Budhu Majhi, Moral Majhi was charged under Section 326, I. P. C. , for having caused grievous hurt to the cheek of Thatu Majhi with a cutting weapon, viz. , a tabla. Gurai Majhi was also charged with having caused such a hurt to Thatu Majhi with a cutting instrument. All the accused were further charged under Section 147, I. P. C. The jury by 5 : 2 found the appellant Moral Majhi guilty only under Section 326, I. P. C. , for having caused grievous hurt to Thatu Majhi with a cutting instrument and they unanimously found all the accused not guilty on the other counts. The learned Judge accepted the majority verdict as against Moral Majhi, convicted him under Section 326, I. P. C. , and sentenced him to four years' rigorous imprisonment. He also accepted the unanimous verdict in favour of the rest of the accused and also in favour of Moral Majhi on the other counts and acquitted them of those charges.

( 2 ) THE case for th

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