Judgment

VAIDIALINGAM, J.:- This appeal, by special leave, by the second accused is against the judgment and order dated October 9, 1969, of the Orissa High Court confirming his conviction for offences under Section 302 read with Section 34 and Section 201 of the Indian Penal Code and the sentence of imprisonment for life awarded for the former offence. The appellant along with his brother, Baishnab Charan Chaudhury alias Kuturi, who was the first accused was tried for offences under Section 302 read with Section 34 and Section 201 of the Indian Penal Code. Along with them their mother, Jema Bibya, who was the third accused was also tried for offences under Section 302 read with Section 34 and Section 201 of the Indian Penal Code. The learned Sessions Judge acquitted the mother, the third accused, of all the offences with which she was charged. The appellant and his brother were convicted for the offence under Section 302 read with Section 34 and each of them was sentenced to undergo rigorous imprisonment for life, and both of them were also convicted of the offence under Section 201, I. P. C. The learned Sessions Judge, however, did not award any separate sentence for this offence.