JUDGMENT - 1. The accused Amarsing Raising was charged before the learned Additional Sessions Judge, Kaira, with having committed an offence under Section 302, I.P.C. The case was tried with the aid of Assessors. The Assessors were unanimously of the view that the accused was guilty of the offence charged. The learned Sessions Judge agreeing with the view of the Assessors convicted the accused of the offence under Section 302, I.P.C.

The learned Sessions Judge was, however, of the view that "considering the circumstances of the case it would meet the ends of justice if the accused was sentenced to transportation for life." Against the order of conviction and sentence the accused preferred an appeal to this Court and that appeal was summarily dismissed.

Thereafter the State has moved by Criminal Revision Application No. 978 of 1955 for enhancement of sentence and the application for enhancement of sentence is now placed for hearing before us. It is true that even though the appeal has been summarily dismissed by us, on this notice of enhancement of sentence the accused is entitled to show that the conviction was, on the merits, unwarranted.

2. The charge against the accused was that on

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