Facts. - Both accused in the case were convicted under Ss.302 and 120B, Penal Code. One of them was also convicted for an offence under S.404 of the same Code and sentenced to six months E.I. For the offence under S.120b both were sentenced to seven years R.I. and for the offence under S.302, to death and the case was referred to High Court for confirmation of death sentence.

BAVDEKAR, J. :-(After setting out the facts land dealing with the evidence in the case his Lordship confirmed the convictions and the sentences passed on accused No.1 and proceeded:) That accused No.2 can be convicted of this offence (under S.411, Penal Code) without our going into the question of misdirections or non-directions in the learned Judges charge to the jury, is quite clear from S.376, Criminal P.C. Under that section, when once there is a conviction in respect of an accused person and reference for confirmation of the sentence of death passed upon him is made to us, the whole case is reopened before us and it is open to us to convict him either of the offence of which he has been convicted by the trial Court or any other offence of which the trial Court could have convicted him. It is true