JUDGMENT

Harries, J. - The appellant Jaddu was charged before the learned Sessions Judge of the Benares District with an offence u/s 302, Penal Code. He was convicted of an offence under that section and sentenced to death. The appellant Ghurbari was charged with abetment of the offence committed by the appellant Jaddu and he was found guilty, convicted and sentenced to transportation for life. Against these convictions and sentences each appellant has preferred an appeal to this Court and the record has also been forwarded to this Court for confirmation of the death sentence passed on the appellant Jaddu.

2. The charge against Jaddu was that he together with one Kishun, who became an approver in the case, murdered one Zahur Khan at about a ghari before sunset on 7th April 1934, on the bank of the Ganges near the village Bargawan. The charge against Ghurbari was that he instigated and abetted the crime and that he was actually near the scene of crime when it was actually committed.

3. The case against Jaddu was that he was guilty of premeditated and brutal murder and against Ghurbari it was alleged that he had actually planned it and had used his influence to get Jaddu and Kishun to c