Judgement

Petition for special leave to appeal.

On August 14, 1933, the petitioners and others were convicted by the Additional Sessions Judge of Cawnpore at Banda under s. 148 and s. 302 of the Penal Code, read with s. 149, of rioting armed with deadly weapons and with murder, and were sentenced to transportation for life.

They appealed to the High Court of Allahabad. The appeal came before Thorn and Kisch JJ. on February 20, 1934, when, before considering the evidence, the Court directed that the appellants should be given notice calling upon them to show cause why the sentences should not be enhanced.

The case subsequently came before Thorn and Harries JJ. as " Criminal Revision Petition No. 195 of 1934 connected with Criminal Appeal No. 855 of 1933." After hearing the arguments the learned judges dismissed the appeals, and with regard to the present petitioners enhanced the sentences to death.

1934. Dec. 6. Sidney Smith for the petitioners. The High Court had no jurisdiction to enhance the sentences having regard to the course followed. The Code of Criminal Procedure by s. 423 expressly provides upon an appeal against a con viction the sentence cannot be enhanced. It is only un