NAWAB HOWLADAR Vs. EMPEROR

JUDGEMENT

(1.) It is submitted that if there is no representative in interest, no question of consent can arise; and there being no one whose consent could be obtained, the statements are admissible, if the widow is a willing witness, without consent. Cur. adv. vult. Jenkins C.J.

(2.) The four appellants, Nawab Howladar, Zaban Ali, Abdul Malla and Araz Ali Sikdar, have been convicted under Sections 302 and 460 of the Indian Penal Code, and sentenced to death under the former section. In convicting the accused the Sessions Judge agreed with both the Assessors.

(3.) From this conviction and sentence the present appeal has been preferred, and the proceedings have been submitted for confirmation of sentence.