Judgment

GHULAM HASAN, J.:

The appellant was tried and convicted by the Special Judge, Warangal, for various offences under the Hyderabad Penal Code. These correspond to Sections 302, 307, 347 and 384 of the Indian Penal Code, the sentences awarded under the first two sections respectively being death and life imprisonment, and separate sentences of two years rigorous imprisonment under the latter two. The two learned Judges of the High Court, who heard the appeal differed Manohar Pershad. J upholding the convictions and the sentences and M. S. Ali Khan, J. acquitting the appellant. The third learned Judge A. Srinivasachari, J. on reference which was occasioned by the difference of opinion agreed with Manohar Pershad. J Leave to appeal to this court was granted by the two agreeing Judges.

2. The occurrence which led to the prosecution of the appellant took place on September 13, 1948, which was the beginning of the first day of Police action in Hyderabad. The appellant, who was Reserve Inspector of Police stationed at Mahbubabad at the material time, according to the Prosecution story, visited two villages Rajole and Korivi accompanied by a number of Razakars and the Police. He arre