JUDGMENT

Page, C J - These are appeals by 71 accused persons tried by a Special Tribunal (Cunliffe, A.J. Darwood and U Ba U, JJ.) under the Burma Rebellion (Trials) Ordinance, 1931, and convicted of offences under Section 121, I.P.C. Section 121 runs as follows:

Whoever wages war against the Queen, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or transportation for life, and shall also be liable to fine.

2. One hundred and three persons in all were charged under Section 121 at the trial. Of these 15 were sentenced to death, 56 to transportation for life, five were discharged, 24 acquitted, and three were found to be absconders. The 15 accused who were sentenced to death and the 56 accused who were sentenced to transportation for life have appealed against their convictions and the sentences that have been passed upon them respectively. Notice has been served upon 23 of the accused under Section 435, Criminal P.C., calling upon them to show cause why the sentence of transportation for life that has been passed upon each of them should not be enhanced, and why they should not be sentenced to death. In the case of these accused the proceedin