JUDGMENT

Gokul Prasad and Stuart, JJ. - Sheodarshan Singh was committed to the court of the Sessions Judge of Banda on a charge u/s 302 of the Indian Penal Code. The Sessions Judge found that on the facts an offence u/s 302 of the Indian Penal Code was not made out but that an offence u/s 304 of the Indian Penal Code was made out. He, accordingly, found Sheodarshan Singh guilty under that section and sentenced him to seven years' rigorous imprisonment. The judgment of the Sessions Judge being brought to the notice of Piggott, J., on perusal of the sessions statement, he directed that notice should go to Sheodarshan Singh to show cause why he should not be convicted of the offence of murder or why the sentence passed upon him should not be enhanced. It is to be noted that Sheodarshan Singh did not appeal against his conviction. He has, however, been represented before us in the matter of enhancement by a competent counsel who has taken us through the whole of the evidence in the case. On the evidence, it is perfectly clear that on the day in question a man called Sukhnandan was sitting under a tree in Ainchwara, in the Banda district, and that Sheodarshan Singh was sitting close by h