JUDGMENT

Lort-Williams, J. - This case is probably unique in the annals'of crime. On 4th December 1933, Amarendra Chandra Pandey died in Calcutta. It is alleged that he died of plague, the germs of which had been injected into his arm by some person, who has not yet been discovered, on Howrah station on the 26th November. The two appellants Benoyendra Chandra Pande and Taranath Bhattacharjee along with Durga Ratan Dhar and Sivapada Bhattacharjee and others unknown were charged with conspiring to murder Amarendra in pursuance of which conspiracy Amarendra was murdered in the manner alleged. Benoyendra was charged also with abetment of murder and Sivapada was charged also with offences under Sub-section 201 and 202, I. P. C. Benoyendra and Taranath were found guilty by a unanimous verdict of the offences with which they were charged and were convicted and sentenced to death. Durga Ratan Dhar and Sivapada Bhattacharjee were found not guilty and acquitted. Benoyendra and Taranath have appealed on the ground of misdirection and illegal admission of evidence. We have to consider these two appeals and a reference u/s 374, Criminal P. C. Benoyendra and Amarendra were half-brothers and membe