Judgment

Fazl Ali J.:- I agree and have nothing to add.

2. Patanjali Sastri J.- I agree and have nothing further to add.

3. Das J.- I agree to order proposed by my learned brother Bose.

4. Bose J.- This is an appeal under Art. 136 (1) of the Constitution. The appellant Tara Singh was convicted of murder by the Additional Sessions Judge of Amritsar and sentenced to death. On appeal the High Court upheld the conviction and confirmed the sentence. Tara Singh has made a further appeal to this Court.

5. As we intend to order a retrial, it will not be desirable to say anything about the merits of the case. The case for the prosecution is that two persons, Milkha Singh and Makam Singh, were murdered in the early hours of the morning of Friday, 30-9-1949. The former is the appellant s uncle. He died on the spot. The latter is the appellant s father. He was removed to the hospital and died there on Friday, 7-10-1949.

6. The murders are said to have been committed about three in the morning. The appellant s brother Narindar Singh reported the occurrence at the Police Station, about 7 miles distant, at 8-45 the same morning. According to this report, Narindar was present and he named the appe