JUDGMENT

Bartley, J. - The appellant in this case was placed upon his trial before the learned Sessions Judge of Murshidabad on the charge of having murdered his wife. The jury by a majority verdict of 7 to 2 found him guilty and the learned Judge convicted him and sentenced him to transportation for life. The case for the prosecution was briefly that the accused and his wife were not on good terms with each other because the former wanted his wife to reconvey certain property to him, which he had previously made over to her. On the night of 17th June last the husband and the wife went to bed together in the same room. Next morning his brother, who is prosecution witness Jamiruddin, looked into the room and found the wife lying dead with her throat cut and no sign of her husband. He reported this fact to other people. Information was lodged to the thana. The accused was arrested about a fortnight later, sent up and ultimately convicted.

2. In our opinion, the majority verdict of the jury in this case and the conviction based thereon cannot possibly be upheld. The charge delivered by the learned Judge contains serious misdirection on points of law and equally serious errors where he w