Criminal Appeal No. 3 of 1966 was filed by the accused Jamkhokhai Kuki of Tolhang village in Sessions Case No. 2 of 1965 on the file of the Sessions Judge at Imphal, against his conviction under Section 302 I.P.C. and sentence that he should be hanged by his neck until he is dead.

2. Criminal Reference No. 8 of 1966 is a reference made by the Sessions Judge under Section 374 Cr. P.C. for confirmation of the sentence of death passed by him on the appellant.

3. The appellant Jamkhokhai Kuki of Tolhang was charged with the offence of murder under Section 302, I.P.C. on the allegation that he murdered one Pakang alias Yamkhosem of the same village of Tolhang at about 6-00 p.m. on 16-8-1964 by stabbing him with a knife at the outskirts of the village of Tolhang. The appellant pleaded not guilty to the charge.

4. The case of the prosecution according to the charge sheet and as brought out in the evidence is as follows :

(a) Tolhang is a hill village which is situated at a distance of about 21 miles from Ukhrul town. P.W. 3 (Yamthang) is the Village Chief P.W. 2 (L. Pakang) and 5 (Yamkholan) are his younger brothers. P.W. 1 (Jamalboon) is the younger brother of the deceased, Yamk