JUDGMENTBY: LORD ATKIN

This is an appeal by special leave from a judgment of the High Court of Patna, who affirmed the decision of the sessions judge at Berhampur who had convicted the appellant of the murder of one Kurree Nukaraju and sentenced him to death The accused, his wifes brother, and his clerk living at his house were charged with the murder before the subdivisional magistrate, Chatrapur, in May and June, 1937. After hearing the evidence, the examining magistrate discharged all the accused, holding that there was no sufficient evidence to to support the charge. Thereupon the sessions judge at Berhampur, exercising his powers under the code of Criminal Procedure, called upon the accused to show cause why they should not be committed for trial, and in July, 1937, ordered the present accused and his wife to be committed to the Court of Sessions to stand their trial for offences under the Criminal Code, sects. 120 B. (conspiring to murder), 302 (murder), and 201 (causing evidence of an offence to disappear). At the trial, the sessions judge acquitted the appellants wife of all the charges, but convicted the appellant of murder, and sentenced him to death. The appeal is bas