ORDER

Mohd. Hamid Hussain, J. - This is an application u/s 561-A of the Code of Criminal Procedure for quashing the charge u/s 303 IPC and for staying the proceeding of the Sessions Trial No. 157 of 1972 against the Applicants.

2. The contention is that the Applicants had been convicted u/s 302 IPC in a case and the Applicants' appeal is pending in this Court and pending the final decision of the appeal the Applicants cannot be charged u/s 303 IPC where the punishment, provided under the law is death. In support of this submission the learned Counsel has referred to Sections 426 and 430 of the Code of Criminal Procedure. None of these sections have any relevancy in the matter.

3. The facts are that the Applicants were convicted u/s 302 IPC in Sessions Trial No. 43 of 172 by the judgment dated 25-7-1972 by the Sessions Judge Hamirpur. The Applicants preferred an appeal to this Court and were released on bail. While they were on bail the alleged occurrence of murder took place on 10-8-1972 and for this murder the two Applicants along with seventeen others have been committed to the Court of Sessions to stated their trial. Since the Applicants had already been convicted u/s 302 IPC and s