Judgement

Appeal (No. 151 of 1924) from a decree of the High Court (Broadway and Campbell JJ.) dated April 8, 1924, affirming convictions and sentences pronounced by the Sessions Judge of Montgomery.

The five appellants were charged under s. 302 of the Indian Penal Code with murder. Under circumstances which appear from the judgment of the Judicial Committee, the Sessions Judge convicted appellants 2 and 3 of murder and sentenced them to death, and convicted appellants 1, 4 and 5 of an offence under s. 201 of the Code—namely, that they, knowing that an offence had been committed, caused the disappearance of evidence (namely, the body of the murdered man). He sentenced appellants 1, 4 and 5 to seven years rigorous imprisonment.

Upon appeal to the High Court it was contended (inter alia) that the convictions of appellants 1, 4 and 5 should be set aside, on the grounds (1.) that no charge under s. 201 had been made, and (2.) that the Sessions Judge had not taken the opinion of the assessors orally as required by

s. 309 of the Code of Criminal Procedure, but had put to them collectively certain questions in writing.

The High Court dismissed the appeal. The learned judges (Broadway and