Judgement

Appeal (No. 21 of 1933) by special leave from an order of the High Court (June 28, 1932) confirming an order of the Sessions Judge of Patna whereby the appellants were convicted of penal offences and sentenced.

The appellants were convicted under s. 302 (murder) and s. 148 (rioting armed with deadly weapons) of the Indian Penal Code. Appellants Nos. 1 to 7 were sentenced to death, and appellant No. 8 to transportation for life. Appeals to the High Court were dismissed. The sentences of death on appellants Nos. 2, 3, 6 and 7 had been commuted to transportation for life.

The facts relevant to the present appeal, which was based upon the alleged inability of one of the jury of seven to understand the English language, are stated in the judgment of the Judicial Committee.

The following provisions of the Code of Criminal Procedure were material —

By s. 274, sub-s. 2, the jury, in the case of the trial in question, was to " consist of not less than seven persons and, if practicable, of nine persons."

By s. 278 " Any objection taken to a juror on any of the following grounds, if made out to the satisfaction of the Court, shall be allowed . . . . (g) his inability to understand t