Mukerji, J.

[1] This is an appeal by Tahsildar Singh, aged about 39 years, resident of Khera Rathore, Police Station Bah, District Agra, against his conviction by the learned Additional Sessions Judge of Etawah. The trial was conducted by the learned Additional Sessions Judge as a Special Judge appointed to conduct certain trials which were referred to him by the State Government under a notification. The trial was held in jail because of reasons of security.

[2] The incident in respect of which the appellant has been convicted took place as far back as 4-7-1940 in village Khera Rathore which is said to be the village of residence of the appellant.

[3] The incident led to the death of two persons Sohanpal Singh and Ratan Singh, and in that incident, according to the prosecution case, an attempt was also made on the lives of Ram Chandra Singh and one Prahlad Singh. The appellant was also alleged to have been a member of an unlawful assembly, the common object of which assembly was to commit the murder of certain people.

[4] The appellant has, in consequence, been convicted under Section 148 of the Indian Penal Code and has been sentenced to three years' rigorous imprisonment. He has further been convicted under Section 302/149 I.P.C. for the murder of Sohanpal Singh and has further been convicted under the same section for the murder of Ratan Singh and has been sentenced to death for both the murders. For the attempted murder of Ram Chandra Singh he has been convicted under Section 307/149 I.P.C. and has been sentenced to transportation for life.

In respect of the injury alleged to have been caused to Prahlad Singh the appellant has been convicted under Section 324/149, I.P.C. and has been sentenced to two years' rigorous imprisonment. There is, along with this appeal, the usual reference by the trial Judge for the confirmation of the sentences of death awarded by him to the appellant.

[5] At this stage it may be pointed out that in respect of the incident out of which this conviction has arisen, there were three sessions trials: (1) Sessions Trial No. 51 of 1940, in which Gandharb Singh, Chhab Ram and Murat Ram were convicted; (2) Sessions Trial No. 66 of 1940, in which Fateh Singh was tried and (3) Sessions trial No. 77 of 1940, in which Raghunath Singh was convicted. Gandharb Singh, Raghunath Singh, Chhab Ram and Murat Ram were convicted under Section 302/149 I.P.C. and were sentenced to transportation for life.

They were further convicted under Section 307/ 149 I.P.C. for the attempted murder of Ram Chandra Singh and were awarded five years' rigorous imprisonment each under this count. There was against them a further conviction under Section 324/149 I.P.C. for injury caused to Prahlad Singh and under this count they were sentenced to six months' rigorous imprisonment each. They were also convicted under Section 148 I.P.C. Fateh Singh was given the benefit of doubt and acquitted. An appeal was preferred to the High Court by the convicted persons and this was numbered as Criminal Appeal No. 267 of 1941. The appeal was dismissed by the High Court on the 13-8-1941.

[6] A first information report of the incident was made by Khem Singh at police station Bah at 6 a.m. on the 5-7-1940. The incident was alleged to have taken place at about 8 or 9 p.m. on the 4-7-1940. Police station Bah, where the report was made, was 8 miles away from Khera Rathore, the village of incident. In the first information report the following persons were nominated as assailants:

Dhanman Singh, -- Subedar, |-- sons of Man Singh ---- Tahsildar, -- | Gandharb Singh, son of Nawab Singh; | | Raghunath Singh, son of Durg Singh; | All residents |---- of village Fateh Singh, son of Sarwan Singh; | Khera Rathore and | Thakurs by caste; | | Chhab Ram; ---- ---- and |--- Brahmans. Murat Ram ; ----

[7] As has been pointed out, only Chhab Ram, Murat Ram, Fateh Singh, Gandharb Singh and Raghunath Singh were tried in 1940, and the result of their trial has alread