Judgement

CHANDRASEKHARA AIYAR, J. : The four appellants and two others named Seshaya and Pitchi Reddy, who are all communists, were charged with the murder of one Venkatakrishna Shastry who was a congress worker or leader.

2. The appellants were convicted of the offence but the other two were acquitted by the Sessions Judge, Warrangal, Hyderabad State, on the astounding ground that no overt acts were proved against them. The appellants preferred appeals to the High Court at Hyderabad and there was the usual reference for confirmation of the death sentences imposed on them. The appeals were heard by a Bench consisting of Deshpande J. and Dr. Mir Siadat Ali Khan J. and they disagreed with each other. Deshpande J. held that the evidence did not establish the guilt of the appellants and he acquitted them.

On the other hand, Dr. Mir Siadat Ali Khan came to the conclusion that the prosecution had established its case beyond reasonable doubt. He confirmed the convictions but reduced the sentences to imprisonment for life. Owing to this difference of opinion the matter was referred to a third Judge, Manohar Pershad J. and he agreed with the finding of guilty given by his learned brother Dr.