Judgement

Appeal (No. 9 of 1928) by special leave from a judgment of the High Court (April 29, 1929) which confirmed a judgment of the Sessions Judge at Mianwali (February 1, 1929) convicting the appellant of murder and sentencing him to death.

The material facts appear from the judgment of the Judicial Committee.

Special leave to appeal was granted by the Lord Chancellor, Lord Darling and Lord Tomlin on July 29, 1929. (The terms of the charge, and other material particulars of the case, were not fully before the Board. It appeared that an adjournment of the hearing of the petition over the long vacation might cause delay which would be avoided by granting special leave.—A. M. T.)

1929. Dec. 6. Morey for the appellant. Under s. 221, sub-ss. 1 and 4, of the Code of Criminal Procedure the appellant was entitled to have all the sections under which he was charged clearly stated. He was charged only under ss. 149 and 34 of the Penal Code, which relate respectively to unlawful assembly and the acts done by several persons in furtherance of a common intention. All the other accused being acquitted the appellant could not be convicted under the charge as framed. There was no reference to