Judgement

Appeal (No. 1 of 1924) under art. 41 of the Letters Patent of the High Court from a decision of a Full Bench (September 26, 1923) upon a question of law arising upon the trial of the appellant for murder, the said question having been certified by the Advocate-General, under art.26 of the Letters Patent, for the further consideration of the Court.

The appellant was tried before Page J. and a special jury at the Criminal Sessions of the High Court upon a charge of murder punishable under s. 302 of the Indian Penal Code. He was convicted, and upon August 17, 1923, sentence of death was passed upon him.

The evidence given at the hearing, so far as material, appears from the judgment of the Judicial Committee, and is shortly-stated in the headnote.

Upon the application of the appellant the Advocate-General granted a certificate under art. 26 of the Letters Patent that in his judgment " whether the alleged direction and the alleged omission to direct the jury do not in law amount to a misdirection should be further considered by the said High Court.” The certificate stated (inter alia) "It has been further represented to me that the learned judge charged the jury and in such c