JUDGMENT

Walsh, J. - This is an appeal by five men who have been convicted for participation in a murder. Two of the appellants, who are unrepresented, viz., Kalwa who confessed and whose confession has taken great prominence in the evidence at the trial and in the consideration of the case in Court, and Rasila, have been condemned to death. Against them there is positive evidence, in addition to the confession of Kalwa, going to show that they were seen coming away from the scene of the crime. Bhure Singh, also unrepresented before us, has been convicted under Sections 460 and 302, read with Section 109 of the Indian Penal Code, and sentenced to transportation for life upon the statement of the confessing accused who testified to his presence at the commission of the crime and whose evidence against Bhure Singh is clearly corroborated in a manner impossible for the appellant to get over. The two remaining appellants, both of whom have been convicted and sentenced to transportation for life, have been found guilty of abetment in a sense of instigation and counselling, largely also upon the direct evidence of the confession and such other circumstances as the Judge thought sufficient