Lord Porter.-

In this case, their Lordships have already stated that they would humbly advise His Majesty that the verdict of murder recorded against the two appellants could not stand and that they should be acquitted of the charge made against them. At the same time, their Lordships indicated their intention to set out the grounds for tendering such advice. In fulfilment of which promise they now give their reasons.

[2] The two appellants were jointly accused of murdering one Lachmi Prasad on 8th September 1945. Undoubtedly, Lachmi Prasad was murdered on that day, but the only direct evidence adduced by the prosecution against the prisoners was that contained in six statements made to the police by Walli Mohammad and six separate statements made by Ali. The statements were taken between the 9th and the 19th September and in those made by himself each of the accused gave contradictory accounts of his movements on the evening and night of the 8th and 9th September. Each began by denying any knowledge of the events leading to the crime or of the crime itself, but each at a later stage though denying any participation in it, admitted his own presence when it was committed and implicate