Judgement

SINHA, J.: These two appeals by special leave arise out of the same judgment and order of a Division Bench of the Hyderabad High Court dated the 15th April 1954 confirming those of the Sessions Judge of Nalgonda dated the 18th January 1954, In Criminal Appeal No. 43 of 1955 Rawalpenta Venkalu is the appellant and in Criminal Appeal No. 44 of 1955, Bodla Ram Narsiah is the appellant.

Both these persons have been sentenced to death under section 302, Indian Penal Code for the murder of Md. Moinuddin, Banjardar of Mohiuddinpur within the jurisdiction of police station Penpabad, Circle Suryapet, District Nalgonda, on the 18th February 1953. They were placed on their trial along with three others who were acquitted by the learned trial Judge.

The sentence of death was the subject matter of a reference to the High Court. The two condemned persons also came up in appeal to the High Court which dismissed the appeal and accepted the reference for confirmation of the death sentence.

2. The prosecution case, shortly stated was that on the night between the 18th and 19th February 1953 the two appellants along with the three others (acquitted by the learned trial Judge) in pursuance of a