JUDGMENT

S. MURTAZA FAZAL ALI, J. :— This is an appeal by Special Leave confined only to the question, whether Section 428 read with S. 540 of the old Cr. P. C. was applicable to the facts of this case. The appeal is directed against the judgment of the High Court of Allahabad by which the convictions of the appellants under various sections of the Penal Code have been upheld by the High Court. The main convictions against the appellants were under S. 302/149 and 201/149 I. P. C. All the appellants were sentenced to life imprisonment and various terms of imprisonment under various sections. It is not necessary for us to give a narrative of the prosecution case, because in view of the limited nature of the leave, we have to deal only with the question as to how far the High Court was justified in rejecting the oral prayer of the appellants for taking additional evidence or examining some witnesses, who were not examined by the prosecution. It appears that on the night of 31st July, 1967 the appellants variously armed entered the house of Khan Mohammad, the husband of P. W. 1 Jamila, and assaulted him with various sharp cutting instruments. Thereafter his body was taken away by accus