Judgement

Appeal (No. 11 of 1934) by special leave from convictions, and sentences of transportation for life, passed on each of the appellants by the High Court (April 20, 1933) upon appeals under s. 417 of the Code of Criminal Procedure from orders of acquittal passed by the Sessions Judge of Cawnpore (Septem ber 29, 1932), upon a trial, with assessors, for murder and other offences.

The question arising upon the appeal was whether the High Court had rightly interpreted its powers and functions under the Code having regard to the nature of the appeal.

The learned judges (Thorn and Bennett JJ.), following Queen-Empress v. Prag Dat (( 1898) I. L. R. 20 A. 459.), held that in considering whether the offence was or was not proved there was no distinction between an appeal from an acquittal and an appeal from a conviction. The appeal is reported at I. L. R. 55 A. 689.

The terms of the material provisions of the Code appear from the judgment of the Judicial Committee.

1934. July 5. Pritt K.C. and Sidney Smith for the appellants. There has been a series of decisions of Indian High Courts that upon an appeal from an acquittal the appellate Court is not entitled to interfere with the deci