Burn, J.

1. This is a case of an unusual kind. In fact I am informed that it is the first case of its kind. The appellant in C.A. No. 456 of 1937 was the first accused and the appellant in C.A. No. 465 of 1937 was the second accused in S.C. No. 22 of 1937 on the file of the learned Sessions Judge of Guntur. Along with them two Muhammadans were tried and the charges upon which they were put up for trial were that the first accused kidnapped a minor boy from lawful guardianship with intent that he should be murdered (Section 364, Indian Penal Code). The second, third and fourth accused were charged with abetment of this offence. The learned Sessions Judge found the first accused guilty of an offence under Section 363, Indian Penal Code, holding it not proved that the kidnapping was in order that the little boy might be murdered. The first accused has been sentenced to 7 years rigorous imprisonment. The second accused was convicted of abetment o the offence under Section 363, Indian Penal Code, and sentenced to 5 years rigorous imprisonment. The third and fourth accused were acquitted.

2. The remarkable feature of this case is that the first accused is the father of the boy, who