Judgment

GHULAM HASAN, J. : This appeal is brought by special leave against the appellate Judgment and order dated July 31, 1953, of the Madras High Court, upholding the conviction and sentence of death of the appellant under section 120-B, read with section 302 & Section 109 of the Indian Penal Code passed by the Sessions Judge, South Kanara, on November 29, 1952.

2. The appellant A. J. Peiris was charged along with Augustine Souza and David Souza with having conspired with one Albert Patrao between November and December 1950 to Murder George, the deceased, and that in pursuance of this conspiracy George was murdered on December 20, 1950, at Kuthethur in Mangalore Taluk at about 10 P.M.

There was also a charge under section 201 of the Indian Penal Code for causing the disappearance of the evidence of murder. The Sessions Judge of South Kanara, who tried the case, convicted the appellant under section 120-B, read with section 302 and section 109 of the Indian Penal Code and sentenced him to death. The other two accused were convicted under section 302/34 of the Indian Penal Code and sentenced to death. No conviction was recorded in respect of the charge under section 201 of the Indian