JUDGMENT

Thomas, CJ - Jagannath alias Khairati, Sri Ram and Jamil Khan have been convicted by the learned Sessions Judge of Lucknow under Section 392, Penal Code, for committing a robbery on the high way, and sentenced to six years' rigorous imprisonment each. The trial was by jury and the jury by a majority of 3 to 2 found all the accused guilty, and the learned Sessions Judge accepted that verdict. In this Court the three accused have been represented -by three different counsel. Jagannath has been represented by Mr. A.N. Mulla, Sri Ram by Mr. Bahadurji and Jamil Khan by Mr. Siraj Husain. I find from the record that Mr. A.N. Mulla represented the accused Sri Ram and Jagannath in the Court of Session and accused 3 Jamil Khan was represented by a different counsel, (Mr. Partab Narain Sexena). Lengthy arguments have been advanced by the learned Counsel before me to show that there has been a misdirection to the jury and therefore the trial is vitiated. Under Section 418(1), Criminal P.C., an appeal may lie on a matter of fact as well as a matter of law except where the trial was by jury, in which ease the appeal shall lie on a matter of law only.

2. The facts of the case are that on