( 1 ) THE appellant was tried upon charges under Sections 304 and 394 of the Indian Penal Code by a learned Additional Sessions Judge, Alipore, with the aid of a jury. The Jury found the appellant not guilty under Section 304, but found him guilty under Section 394 of the Indian Penal Code. The learned Judge acquitted the appellant of the offence under Section 304 but convicted him of the offence under Section 394 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for four years.

( 2 ) THE prosecution case against the appellant was that one Kshetramoni was murdered in the course of a robbery which took place on the 1st July 1957 and that the appellant was one of the miscreants. On the 6th July 1957 the appellant was arrested. He took the police to a jungle at a distance from the place and brought out a trunk containing clothings. The trunk was proved to have been taken away in the robbery. On the 19th July the appellant made a confession before a Magistrate,

( 3 ) THE appellant's defence was that he had been tortured to make the confession which he afterwards retracted. It was also his case that he had had nothing whatsoever to do either w