Judgement

SINHA J.- The main question for determination in this appeal by special leave is whether and, if so, how far non-compliance with the provisions of Ss. 173 (4) and 207A (3) of the Code of Criminal Procedure, has affected the legality of the proceedings and the trial resulting in the conviction of the appellant. The appellant was tried by the learned Sessions Judge of Karimnagar in what used to be the State of Hyderabad (now part of the State of Andhra Pradesh), under S. 302 of the Indian Penal Code, for the murder of his brother Baga Rao, and sentenced to death.

The conviction and the sentence were affirmed by the High Court of Judicature of Andhra Pradesh at Hyderabad on appeal and on a reference by the learned Sessions Judge. Along with the appellant three other persons named Lingaro the appellant s brother, Narsingrao, the nephew of the appellant and son of Lingaro aforesaid and Mahboob Ali, said to be a close friend of the other accused, were also tried under S. 302, read with Ss. 34 and 109 of the Indian Penal Code, and convicted and sentenced to imprisonment for life.

Their appeals also were heard along with the appeal preferred by the appellant and by a common judgment