JUDGMENT

Sen, J. - Panchkari Sheikh and his two sons Mujjaffar Sheikh and Saifer Sheikh were tried for the murder of one Abdul Rashid by the Sessions Judge of Birbhum and a special jury. By a unanimous verdict the jury found Panchkari not guilty and by a majority of five to four, they found Mujjaffar Sheikh and Saifer Sheikh guilty of committing murder. The learned Judge accepting the verdict of the jury, acquitted Panchkari and sentenced Mujaffar and Saifer to death; he has referred the case to us for confirmation of the sentence. Mujjaffar and Saifer have appealed. The case for the prosecution, briefly is as follows: Panchkari and his two sons Mujjaffar and Saifer were on bad terms with the deceased Abdul Rashid who is the son of Panchkari's sister. About six months before the murder, the three accused were sent up on a charge of theft and Abdul Eashid helped the police against them. This led to further ill-feeling between the parties. On 2nd November 1939, Rashid lodged an information at the thana complaining that the three accused persons and one Nabuat had been threatening him with bodily harm. On 16th January 1940 in the morning there was a salis regarding a dispute between Pa