Judgement

Consolidated Appeals (No.79 of 1946), by special leave, from a judgment of the High Court in its appellate criminal jurisdiction (October 29, 1945) which affirmed a judgment of the same court in its original criminal jurisdiction (May 3, 1945).

The following facts and statutory provisions are taken from the judgment of the Judicial Committee. The appellants were tried by the High Court, with certain other persons, for conspiracy under s. 120B of the Indian Penal Code, and abetment to commit murder under s. 302 read with s. 109, and were convicted on both charges, and sentenced to transportation for life. They appealed to the High Court, and by an order dated July 12, 1945, the Appellate Court allowed them to appeal on matters of fact as well as of law under s. 411A, sub-s.1 (b], of the Code of Criminal Procedure.

Section 411A was introduced into the Code of Criminal Procedure by Act XXVI of 1943, which enacted as follows

“Insertion of new s. 411A in Act V. of 1898.—After s. 411 of the Code of Criminal Procedure, 1898 (V. of 1898) (herein-after referred to as the said Code), the following section shall be inserted, namely 411A. Appeal from sentence of High Court.—(1.) With