JUDGMENT

Graham, J. - This is an appeal by the Superintendent and Remembrancer of Legal Affairs, Bengal against the verdict of the jury and order of acquittal passed thereon by the Sessions Judge of Malda on a charge u/s 302, I.P.C.

2. The case for the prosecution was that the accused Bhajoo Majhi murdered one Baneswar on the night of 25th February 1928, the motive for the crime being alleged to be a love intrigue between the accused and the deceased's wife Munia.

3. The jury brought in a unanimous verdict of not guilty and the learned Judge accepting it acquitted the accused.

4. In support of the appeal against that order two main grounds have been urged, firstly, that the jury was not constituted according to law, as there were only seven jurors instead of nine as required by Section 326(1) read with the proviso to Section 274(2), Criminal P.C. This ground has not as a matter of fact been taken in the petition of appeal and was only put forward at the 11th hour. We do not think, therefore, that it ought at so late a stage so be entertained. It appears moreover that no objection of any kind was raised at the trial, nor has any allegation been made that the accused were prejudiced in a