Judgement

Appeal (No. 17 of 1935) by special leave from part of an order of the Court of the Judicial Commissioner of Sind (July 25, 1934) transferring the re-trial of the appellant from the said Court to the Court of Sessions, Hyderabad.

The facts appear from the judgment of the Judicial Committee.

1935. April 11, 12. Parikh for the appellant.

Dunne K.C. and Wallach for the respondent.

April 12. The judgment of their Lordships was delivered by

LORD ATKIN. This is an appeal in a criminal case which has undergone some vicissitudes in the

Courts in India.

The appellant, with six other persons, was tried at Karachi and was convicted of murder. The accused were tried before the Additional Judicial Commissioner of Sind, Mr. Dadiba Mehta and a special jury of nine jurors. After a trial lasting five weeks six of the accused were convicted on different parts of the charges, and sentenced. The seventh was acquitted. The convicted men then appealed to the Court of the Judicial Commissioner and the appellant appeals by special leave to His Majesty in Council. On this appeal questions have arisen, which, in their Lordships opinion, it is not necessary finally to settle, as to the precise position o