EMPEROR Vs. DAJI YESABA

JUDGEMENT

(1.) The appellants before us, who are five in number, were convicted by the learned Sessions Judge of Belgaum of the offence of murder. The conviction followed upon the unanimous verdict of the Jury.

(2.) Of the five accused persons before the Sessions Court, Nos. 3 and 4, Daji bin Yesaba and Bhima bin Shidlinga, were sentenced to death, that sentence being subject to this Court s confirmation. The other three accused were sentenced to transportation for life.

(3.) It appears to be the practice of this Court that where a prisoner has been sentenced to death, even though the conviction was had on the unanimous verdict of a Jury, the whole case is reopened before the High Court both on matters of fact as well as on matters of law. In deference to that practice we have allowed Mr. Sirur, for the accused Nos. 3 and 4, to address us on all matters of evidence in the appeals. I desire, however, to reserve my own opinion as to the correctness of the practice to which I have alluded, should the question of its correctness ever arise for judicial decision. [After discussing the evidence at length his Lordship continued:-] On these grounds I am of opinion that the convictions must be confirmed.