Judgement

Appeal (No.15 of 1940), by special leave, from a judgment and order of the Court of the Judicial Commissioner, North-West Frontier Province (July 10, 1939). The Judicial Commissioner (Almond J.C.) dismissed the appeal of. the appellant, Mirza Akbar, from his conviction of an offence punishable under s. 302/120-B, Indian Penal Code, namely, conspiracy to murder in consequence of which conspiracy murder was committed, and confirmed the sentence of death which had been passed upon him by the Additional Sessions Judge, Peshawar Division, on May 8, 1939.

The facts and the relevant statutory provisions appear from the judgment of the Judicial Committee.

This appeal raised two main points First, whether there was admissible evidence on which the Courts in India could convict the appellant; and secondly, the appellants appeal to the Court of the Judicial Commissioner having been heard, and the sentence of death passed on him having been confirmed, by only one judge of that Court, whether that Court was legally constituted to dispose of the appeal having regard to the provisions of the notification of May 19, 1939, made pursuant to s. 7 of the North-West Frontier Province Courts R