Was the sergeant Drunk?

THE story of the alteration not being established, the only question is whether the going off of the rifle was accidental or there was any negligence on the part of the accused. Here the first question that naturally arises is, was the sergeant drunk? But the Magistrate finds that the accused was perfectly sober. He bad, indeed, taken a glass of beer, as Sardar Khan had taken some country spirit, but the evidence of all three substantial witnesses, besides Sardar Khan, was that he was sober, and Sardar Khan himself does not appear to have made any statement on the subject either way either in his examination in chief or in cross-examination. There was also the additional evidence of the Assistant Surgeon who stated that the accused was not in the least intoxicated. But we do not attach importance to the evidence of this witness because he saw the accused after the alleged alteration took place and the gun was handled. The very fact that a man had died in consequence of the shot would have brought the accused to his senses even if he had been intoxicated.