Judgment

MAHAJAN J. : This appeal by special leave is directed against an acquittal order of the High Court of Nagpur in Criminal Appeals Nos. 121, 122 and 123 of 1950, preferred to that Court by the three respondents. Respt. 1, R. G. Limsey, is an advocate of the High Court of Nagpur, respt. 2, Kisanrao is related to Limsey in that his cousin is married to Limsey, and respt. 3 Shaligram is his friend and cilent. All the three respondents were tried for murder of one Dattu Patel and were charged in these terms :

"That you on or about the 8th day of October 1949 at Nagpur did commit murder by intentionally causing the death of Dattu Patel and thereby committed an offence punishable under S. 302 read with S. 34, I.P.C. and within the cognizance of the Court of Session."

They were convicted by the Sessions Judge, Limsey was sentenced to death, and Kishanrao and Shaligram were sentenced to transportation for life. All of them appealed to the High Court and were acquitted. A petition for enhancement of sentence of Kishanrao and Shaligram preferred by the State was dismissed.

2. The deceased, Dattu Patel was a resident of Taroda, district Wardha and at the time of the incident he was residi