Judgment

DUA, J :- In this appeal by special leave we are only concerned with the conviction of one out of four accused persons jointly tried for the murder of one Mohd. Yahya. The appellant Noor Mohammed Mahamed Yusef Momin, accused No. 4, in the trial Court was jointly tried with three others in the court of the second Additional Sessions Judge, Thana on the following three charges :

"That you accused Nos. 1 to 4 on or about the 16th day of April, 1965 at Bhiwandi entered into an agreement to commit the murder of Mohamed Yahya and that the same illegal act was done in pursuance of the said agreement and thereby you committed an offence punishable under S. 120B of the Indian Penal Code and within my cognizance.

That you accused Nos. 1, 2 and 3 on or about the 17th day of April, 1965 at about 11 p.m. at Bhiwandi in furtherance of common intention of you all and accused No. 4 to commit the murder of the deceased Mohamed Yahya did commit his murder by intentionally causing his death by assaulting him by knife and thereby committed an offence punishable under S. 302 read with Section 34 of the Indian Penal Code and within my cognizance.

In the alternative you accused No. 4 on 17th of Apri