Coutts-Trotter, C.J.

1. In this case, two men who are brothers were tried for the murder of a man called Narsingadu on the 21st October last. The motive for the murder is plain enough. The elder brother, the 1st accused, had obviously been engaged in traffic in illicitly distilled arrack. The deceased man who was an official and not a mere intermeddler with other peoples affairs gave information some time in September, that the 1st accused was engaged in this illicit business. Thereupon the Sub-Inspector of Excise, Mr. Luke, searched the 1st accuseds house and found in it quite a substantial quantity of illicitly distilled arrack. For that the 1st accused was prosecuted and convicted and the case was pending at the time of this mans murder. He disappeared on the afternoon of the 21st which was a Friday. The 2nd accused is alleged to have had a separate sexual motive but in view of the fact that he and his brother were both, seen on the scene of the murder standing by the dead mans body, it is not really necessary to go into that question. The little boy Kasigadu, called as P.W. No. 9, gives a very clear story of what he heard and saw. He heard a gun shot on the Friday when h