JUDGMENT

Mookerjee, J. - This is an application for review of a criminal case on the certificate of the Advocate-General under Clause 26 of the Letters Patent. The petitioner Barendra Kumar Ghose was tried on the 16th and 17th August at the fourth Criminal Sessions of this year by Mr. Justice Page and a Special Jury, on a charge of offences punishable under sections 302 and 394 of the Indian Penal Code. He pleaded not guilty to the first count and guilty to the second count. The Jury returned a unanimous verdict of guilty of murder, with the result that the accused was convicted and sentenced to death u/s 302. On the 22nd August an application was made on his behalf to the Advocate-General for a certificate under clause 26 of the Letters Patent. On the 27th August, the Advocate-General heard Counsel for the prisoner in support of the application. On the 29th August, the Advocate-General granted a certificate in the following terms:

Certificate of the Advocate-General of Bengal under clause 26 of the Letters Patent of 1865.

2. I. Whereas the accused abovenamed was on the 16th August 1923, charged at the Criminal Sessions holden in this Hon'ble Court in its Criminal Jurisdiction before