Judgement

S. R. DAS J.: The appellant and his brother Ram Lochan Pandey and one Banslochan were convicted by the Sessions Judge of Ghazipur on 25-2-1954 under S. 302 read with S. 34, I. P. C., for having murdered one Sheomurat and each of them was sentenced to death subject to confirmation by the High Court There was an appeal to the High Court by all the three accused and there was a reference made by the learned sessions Judge for confirmation of the death sentence. The High Court gave Banslochan the benefit of doubt and rejected the reference and allowed the appeal so far as it concerned him. The High Court, however, dismissed the appeal so far as it concerned Ram Lochan and the appellant and accepted the reference and confirmed their conviction and the sentence passed on them. The present appeal is by Rishideo alone.

2. The main point urged by Sri Umrigar who appears in support of this appeal is that S. 34, I. P. C., has been wrongly applied to the facts of this case. The meaning, scope and effect of S. 34 have been explained on more than one occasion by the Privy Council and by this Court. It will suffice only to refer to the last decision of this Court in the case of - Pandura