Alfred Henry Lionel Leach, C.J.

1. On the 11th February, 1943, in Ordinance Case No. I of 1942, the appellants were convicted by the Special Judge of Madura on charges which will be indicated presently and sentenced to terms of imprisonment The Special Judge was appointed under the provisions of the Special Criminal Courts Ordinance, 1942. On the 5th June, 1943, that Ordinance was cancelled by the Special Criminal Courts (Repeal) Ordinance, 1943, but Section 3 of the repealing Ordinance provided that a sentence already passed under the repealed Ordinance should continue to have effect as if the trial had been held in accordance with the Criminal Procedure Code and gave a right of appeal. These appeals have been filed under Section 3 of the later Ordinance, and have been placed before a Bench of three Judges as important questions under the Indian Evidence Act arise

2. On the evening of Friday, the 23rd October, 1942, Rao Sahib Viswanathan Nayar, Circle Inspector of Police in Madura, visited the Sri Minakshi temple for the purpose of worship. It was his practice to worship at this temple every Friday On this occasion he was accompanied by Police Constable Palaniappan and a fri