Judgement

BOSE J. : Five persons, including the three appellants, were prosecuted for the murder of one Ram- chander Shelke. Each was convicted and each was sentenced to death under Section 302, I. P. C.

2. The appeals and the confirmation proceedings in the High Court were heard by M. S. Ali Khan and V. R. Deshpande, JJ. They differed. The former considered that the convictions should be maintained but was of opinion that the sentence in each case should be commuted to imprisonment for life. The latter favoured an acquittal in all five cases.

The matter was accordingly referred to a third Judge, P. J. Reddy, J. He agreed with the first about the convictions and adjudged all five to be guilty under. Section 302. On the question of sentence he considered that the death sentences on the three appellants. Pandurang, Tukia and Bhilia, should be maintained and that those of the other two should be commuted to transportation for life.

3. It seems that the opinion of the third Judge was accepted as the decision of the Court and so the sentences suggested by him were maintained as well as the convictions.

4. All five convicts then applied to the High Court for leave to appear. The petition was