Judgment

S. R. Das, J. : The appellant Thakurprasad along with seven other persons was sent up for trial on a charge under S. 302/149, Penal Code, for having on 11-11-1950 between 9 and 10 a. m. at Mouza Paoni in Tehsil Mungeli of District Bilaspur in the State of Madhya Pradesh murdered one Nem Singh who was a co-sharer of the appellant in the Malguzari of Mauza Paoni. The Second Additional Sessions Judge, Bilaspur, who tried the case acquitted two of the accused, namely, Nandi and Nirghani and found the remaining six accused including the appellant to be guilty of offence under S. 302/149, Penal Code. The appellant Thakurprasad was sentenced to death subject to confirmation by the High Court and the remaining five to transportation for life.

There was an appeal to the High Court of Madhya Pradesh but the appeal was dismissed except to the extent that the death sentence of the appellant Thakurprasad was reduced to one of transportation for life. All the six accused person applied to this Court for special leave to appeal under Art. 136 of the Constitution of India but leave was granted only to the appellant Thakurprasad and the application, so far as it related to the other five acc