JUDGMENT :- The appellant - Rama alias Dhaktu Worak - appeals from a judgment of conviction upon a charge of murder under Section 302 of the I. P. C. The sentence passed is one of imprisonment for life. The said charge is that on or about 12th May 1968, at about 6.00 p. m. he intentionally or knowingly caused the death of Rama Mambo Worak, by assaulting him with a stick.

2. The prosecution case may be briefly stated: Rama Mambo Worak, the deceased, was a shepherd by occupation. On 12th May, 1968, as usual, he had taken a flock of sheep for grazing. The sheep returned to their fold barring three. Smt. Nagui Worak, wife of the deceased, asked her son Nahu Worak to trace them. Nahu Worak left his house for that purpose and, when he was near a tree, he saw the appellant calling the deceased. The deceased and the appellant spoke to each other. Nahu Worak heard them speaking but could not say what they spoke. Nahu Worak next saw the deceased returning in the direction of his home. It was then that the appellant called the deceased once again. When the deceased went near him, the appellant emerging from his home, gave a number of blows with a stick (tonko) on his head and other parts of hi

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