Judgment

BHAGWATI, J.: This is an appeal by special leave from the judgment of the High Court of Judicature at Patna dismissing the appeal of the Appellant and confirming the death sentence passed upon him by the learned Sessions Judge of Monghyr.

2. The charge against the Appellant was that he on or about the night between the 10th and 11th December 1952, in a village called Dariapur Tetaria, District Monghyr, Police Station Kharagpur, committed murder by intentionally or knowingly causing the death of Musammat Sobha and thereby committed an offence punishable under Section 302 of the Indian Penal Code. He was also charged under Section 201 read with Section 511 of the Indian Penal Code.

The trial was held with the aid of four assessors who were unanimously of the opinion that he was guilty of murder and also guilty of the other charge brought against him. The learned Sessions Judge agreed with the opinion of the assessors and convicted him of the offence of murder and sentenced him to death subject to confirmation by the High Court. The Appellant preferred an appeal from jail and both the appeal as well as the reference made by the learned Session Judge were heard by the High Court