Judgement

BHAGWATI J.: This Appeal with special leave is directed against a judgment of the High Court of Mysore reversing the acquittal of the appellant by the Sessions Judge, Bangalore on a charge under section 302, Indian Penal Code.

2. The appellant, accused No. 1 was charged that he, on the night of 9th March 1949, at about 10 p. m. in the village of Kodihalli, Kankanahalli Taluk, shot one Abdul Lateef Sab with a gun and caused his death and thus committed an offence under section 302, Indian Penal Code. Accused No. 2 was his son and accused No. 3 his son s friend and the charge against them was that they were present and actively participated in the commission of that offence and were thus guilty under section 302 read with section 34, Indian Penal Code.

The learned Sessions Judge acquitted all the accused being of the opinion that the prosecution evidence was too insufficient to base of conviction thereupon. The State of Mysore took an appeal to the High Court and the High Court reversed the acquittal of accused No. 1 and convicted him of the offence with which he had been charged but in view of his old age coupled with peculiar circumstances of the case inflicted upon him a pu