Judgement

S. K. DAS J. - This is an appeal by special leave from a decision of the High Court of Mysore, dated 22-7-1954, by which the convictions and sentences of the appellants were confirmed and their appeals dismissed by the said High Court.

2. The appellants are four in number, (1) Chikkaragne Gowda (accused 1), (2) Govindaraju (accused 3), (3) Govinda Gowda (accused (4), (4) Mathi Kulla (accused 19). The appellants, along with several others, were tried by the learned Sessions Judge of Mysore, who convicted them of the offences under Ss. 148, 302, and 302 read with Ss. 34 and 149 Penal Code. They were sentenced to rigorous imprisonment for three years for the offence under S. 148 Penal Code and to transportation for life for the offences under S. 302 and S. 302 read with Ss. 34 and 149, Penal Code.

Either during the trial or at the time of recording the convictions, the learned Sessions Judge did not make any distinction, nor did he clearly state which of the appellants were guilty of the substantive offence of murder under S. 302 Penal Code, and which of them were guilty of the offence under S. 302 read with S. 149 Penal Code, or on the principle of liability embodied in S. 34,