Judgement

GOVINDA MENON, J. - On the 6th September, 1955, this court granted the appellants herein, special leave, to appeal under Article 136(1) of the constitution from the judgement and order dated the 4th, August, 1955, of Allahabad High Court, in Criminal Appeal No. 298 of 1955 (Reference No. 31 of 1955) connected with Criminal appeals Nos 299 and 307 of 1955, limited to the question whether the failure to comply with the rules relating to the submission of the police case diary vitiates the entire trial and what the consequences of such failure are. It is in pursuance to the leave so granted, that Criminal Appeal No. 60 of 1956, has been preferred by accused Nos. 4,7,1,3,5, & 2 (Niranjan Singh, Tikam Singh, Kharak Singh, Harpal Singh, Sardar Singh and Satpal Singh) respectively in Sessions trial No. 142 of 1954, in the court of Sessions, at Meerut and Criminal Appeal No. 61 of 1956, is preferred by accused No. 6 (Udaibir Singh) in the same Sessions trial. Appellants 1 to 3 in Criminal Appeal No. 60 of 1956 (accused Nos. 4,7,&1, Niranjan Singh, Tikam Singh and Kharak Singh) have been sentenced to the extreme penalty of the law and the remaining appellants in that appeal sentenc