Judgment

S. K. Das, J.: This is an appeal by special leave. The two appellants are Mepa Danna and Vashram Dana. The learned Sessions Judge of Rajkot tried them along with ten other persons for various offences under the Indian Penal Code, including the offence of murder punishable under section 302 read with Ss. 149 and 34 of the Indian Penal Code. Of the twelve persons whom he tried, the learned Sessions Judge acquitted seven. He convicted five of the accused persons. The two appellants were sentenced to death, having been found guilty of the offence under section 302 read with S. 149, as also S. 302 read with S. 34, Indian Penal Code; the other three convicted persons were sentenced to imprisonment for life. No separate sentences were passed for the minor offences alleged to have been committed by them.

2. All the convicted persons preferred an appeal to the High Court of Bombay. There was also a reference by the Sessions Judge under S. 374, Code of Criminal Procedure, for confirmation of the sentence of death passed on the two appellants. The appeal and the reference were heard together and by its judgment pronounced on April 2, 1959, the High Court affirmed the conviction of four