JUDGMENT

Allsop, J. - This is an appeal by Jiwan, son of Pitam Kachhi, who has been sentenced to death for the murder of Reoti Kachhi. The two men were living in a village or group of huts which had newly been established near some land which was being brought under cultivation. It is in evidence that they had been on good terms and had been in joint cultivation of some land but had quarrelled and separated. There was a dispute between them about some fields and there was an indication in a statement made to the police which was put to witnesses in cross-examination that there had been improper relations between the appellant and the wife of the deceased. The body of Reoti was found in a field on 6th July 1935. The medical evidence shows that his throat had been cut. He had suffered three injuries. One was an incised wound 5 inches long 1 inch wide and 2 1/2 inches deep on the right side and front of the neck cutting all the blood vessels and the nerves of the neck and also the trachea and the gullet. He had also received two superficial cuts, one four inches long and the other 2 1/2 inches long on the shoulder and under the chin.

2. The Civil Surgeon who made the post mortem examina