Judgment SHAH, J. : At 9-30 p. m. on March 21, 1959, four persons--Rampiari, Hiralal, Shyama Prosad Missir and Surajnath Dubey-all residing within Police Station Golabari in the town of Howrah suffered incised and punctured injuries and died in consequence thereof. The appellants and two others were tried before the Extra Additional Sessions Judge, Howrah with a jury for rioting and causing fatal injuries to these four victims and thereby committing offences punishable under Ss. 148, 302 and 302 read with 149 of the Indian Penal Code. The jury brought a unanimous verdict of guilty against appellants Ram Shankar Singh, Bimala and Sudama Singh for offences punishable under Ss. 148, 302 and 302 read with 149 of the Indian Penal Code and against Ramnarayan Missir for offences punishable under Ss. 148 and 326 read with 149 of the Indian Penal Code and a verdict of not guilty against Depali wife of Ramnarayan Missir. The Sessions Judge accepted the verdict and sentenced the appellants, subject to confirmation by the High Court, to suffer the penalty of death and Ramnarayan Missir to suffer rigorous imprisonment for 10 years, and acquitted Depali. The reference for confirmation of death sentence and the appeal filed by the appellants and Ramnarayan Missir against the order of conviction and sentence were heard by the High Court of Judicature at Calcutta. The High Court held that the verdict of the jury was vitiated on account of misdirection by the Sessions Judge, and after an elaborate examination of the evidence found the appellants Ram Shankar and Bimala guilty of offences under S. 302 read with 34 of the Indian Penal Code for causing the death of Rampiari and Hiralal. The High Court also found appellant Ram Shankar guilty of murder for causing the death of Surajnath Dubey by stabbing him with a knife, and appellant Sudama Singh for causing the death of Shyama Prosad Missir by stabbing him with a knife, and confirmed the sentence of death passed by the Sessions Judge. The High Court, acquitted Ramnarayan Singh (sic: Missir?) of the offence of grievous hurt of which he was convicted by, the trial court. With certificate granted by the High Court this appeal is preferred by the three appellants. 2. Two bustees in the town of Howrah-No. 7 Madhab Ghosh Road and No. 7 Tikiapara Road-are separated by a common courtyard. The High Court, acquitted Ramnarayan Singh (sic: Missir?) of the offence of grievous hurt of which he was convicted by, the trial court. With certificate granted by the High Court this appeal is preferred by the three appellants. 2. Two bustees in the town of Howrah-No. 7 Madhab Ghosh Road and No. 7 Tikiapara Road-are separated by a common courtyard. Ram Shankar, Bimala, Ramnarayan Singh (sic: Missir?) and Depali lived in No. 7 Madhab Ghosh Road, Ramdeo Ahir, his wife Rampiari and son Hiralal lived in a room in 7 Tikiapara Road and Shyama Prosad Missir lived in another room in that bustee. Surajnath Dubey lived in a room in No. 9 Madhab Ghosh Road. At about 1l a.m. on March 21, 1959 there was an altercation in the common courtyard between Ramnarayan Missir, his wife Depali and Ram Shankar s wife Bimala on the one hand find Ramdeo, his wife Rampiari and his son Hiralal on the other. This attracted the attention of several residents of the locality, and the parties were pacified by Jadunandan Roy and Joy Lal Choudhury and were pursuaded to retire to their respective rooms. At about 7 p.m. on the same day after Ram Shankar returned home there was another altercation and Jadunandan and others again intervened and pacified the parties, who were-quarrelling, Hiralal and is mother Rampiari returned to their room and apprehending an assault they chained the door from within. It was the case for the State that at about 9 p.m., 5 to 7 "Hindusthani" came armed with iron rods and knives to 7 Madhab Ghosh Road and joined Ram Shankar, Sudama Singh, Bimala, Ramnarayan Missir and Depali who were also armed with lethal weapons, such as knives, swords and iron-rods. The whole party then proceeded to No. 7 Tikiapara Road and Sudama Singh broke open the door of the room of Ramdeo Ahir. Ram Shankar and his wife Bimala then entered the room, Sudama Singh standing outside. Ram Shankar and Bimala attacked Rampiari and Hiralal and stabbed them to death. On hearing the shrieks of Rampiari and Hiralal, Shyama Prosad Missir proceeded towards the courtyard, but was stabbed by Sudama Singh in the chest with a knife and collapsed on the spot. Sudama Singh was held by Jadunandan Roy, but was rescued by his supporters who beat Jadunandan Roy with iron rods. On hearing the shrieks of Rampiari and Hiralal, Shyama Prosad Missir proceeded towards the courtyard, but was stabbed by Sudama Singh in the chest with a knife and collapsed on the spot. Sudama Singh was held by Jadunandan Roy, but was rescued by his supporters who beat Jadunandan Roy with iron rods. At this juncture Ram Shankar and Bimala came out of Ramdeo s room with their knives and clothes stained with blood. Surajnath Dubey who reached the room of Ramdeo was stabbed by Ram Shankar in his abdomen. Surajnath Dubey ran a short distance pressing his abdomen with his hands and fell down near the dispensary of one Dr. Dhruba Das Pandey wherefrom the was removed to the Howrah General Hospital. He succumbed to his injuries on March 23, 1959. Ramnarayan Missir was present in the courtyard at the time of this assault and carried a sword in his hand and his wife Depali carried an iron-rod. After killing Rampiari, Hiralal, Shyama Prosad Missir and causing injuries to Surajnath Dubey, Ram Shankar and his supporters fled along the Madhab Ghosh Road. The sword carried by Ramnarayan was snatched away by Jiban Prosad Sett an in doing so the latter received a slight injury. Ramnarayan (sic: Ram Shankar?) and his wife Bimala and others were chased by a large crowd, but many of the miscreants made good their escape. Ramnarayan and his wife Depali took shelter in the house of one Lakshman Mahato. Ram Shankar, Bimala and Sudama Singh entered the godown of Bhola Singh at Sailen Bose Road. 3. In the meantime the officer in charge of the police station having received information on the telephone proceeded to Bhola Singh s godown and arrested Subama Singh and Bimala, Ram Shankar having run away from the godown. Sudama Singh and Bimala were brought to the scene of offence and injuries on the dead bodies of Rampiari, Hiralal; Shyama Prosad Missir were examined. Information of the offence was then recorded. 4. At the trial of the appellants and other accused, evidence was led in support of the case for the State that quarrels look place at 11 a.m. and 7 p.m. on the day in question between Rampiari and Hiralal on the one hand and Bimala, Ramnarayan Singh and Depali on the other and that at the quarrel at 7 p. m. Ram Shankar was also present. Evidence was also led to show that shortly after 9 p.m. Ram Shankar, his wife Bimala accompanied by Sudama Singh Ram Shankar s cousin-Ramnarayan Missir and his wife Depali and five or seven Hindusthani men approached the coutyard in from of No. 7 Tikiapara Road and Sudama Singh broke open the door of the room of Ramdeo Ahir and Ram Shankar and his wife Bimala entered the room armed with knives and emerged from the room sometime later with knives stained with blood. Evidence was also led that Shyamn Prosad Missir was stabbed by Sudama Singh and Surajnath Dubey by Ram Shankar in the presence of witnesses. The State also led evidence that the fleeing miscreants were chased by the residents of the locality and that Bimala and Sudama Singh were arrested in the godown of Bhola Singh. 5. Before the High Court the verdict of the jury was successfully assailed by counsel for the appellants. The learned Judges of the High Court held that the verdict was vitiated on account of misdirection on material questions, and they accordingly disregarded the verdict and proceeded to consider the evidence independently of the verdict. They held that appellants Nos. 1 and 2 - Ram Shanker and his wife Bimala - were guilty of offences punishable under S. 302 read with 34 of the Indian Penal Code for causing in furtherance of their common intention death of Rampiari and Hiralal in the room of Ramdeo Ahir. The High Court also held Ram Shankar guilty of causing the death of Surajnath Dubey, and Sudama Singh of causing the death of Shyama Prosad Missir by stabbing him in the chest. 6. The first question that falls to be determined is whether the High Court was, in the circumstances of the case, competent to appraise the evidence after discarding the verdict of the jury and to confirm the sentence of death after modifying the order of conviction. Section 423 of the Code of Criminal Procedure invests the High Court hearing an appeal against an order of conviction or acquittal passed by a subordinate court of criminal jurisdiction with certain powers. These powers are exercisable in appeals against orders passed in proceedings, which are tried with or without the aid of jury. By S. 418(1), an appeal, in a case tried by jury, lies only on a matter of law. These powers are exercisable in appeals against orders passed in proceedings, which are tried with or without the aid of jury. By S. 418(1), an appeal, in a case tried by jury, lies only on a matter of law. But if the High Court on a consideration of the materials on the record reaches the conclusion that the verdict in a case tried with jury is erroneous owing to some misdirection by the Judge or misunderstanding of the law by the jury, the High Court has the power to reverse the finding and to acquit or discharge the accused or to order retrial or to alter the finding maintaining the sentence, or, with or without altering the finding, to reduce the sentence, or with or without such reduction and with or without altering the finding to alter the nature of the sentence. The High Court may in an appeal against an order of acquittal even in a case tried with jury reverse the order and direct that further inquiry be made or that the accused be retried or committed for trial, or the High Court may find the accused guilty and pass sentence on him according to law. These powers can be effectively exercised only if the High Court has the power to appraise the evidence and that is made clear by sub-sec. (2) of S. 423, which by the clearest implication enacts that the Appellate Court may alter or reverse the verdict, if it be of the opinion that it is erroneous owing to a misdirection by the Judge, or misunderstanding of the law by the jury. The power to direct retrial or to consider the case on the merits being conferred on the High Court in appeals against orders of acquittal as well as conviction, it can be effectively exercised only if the High Court is competent apart from the verdict to appraise the evidence on which the order of the trial court is founded. The High Court is not bound when it arrives at the opinion that the verdict of the jury is vitiated to interfere with the verdict. The High Court is, therefore, competent in appeals against orders of conviction and sentence or against orders of acquittal even in cases tried with jury to order a retrial or to maintain the conviction and sentence on a reconsideration of the evidence. The High Court is, therefore, competent in appeals against orders of conviction and sentence or against orders of acquittal even in cases tried with jury to order a retrial or to maintain the conviction and sentence on a reconsideration of the evidence. Counsel for the appellants does not challenge this interpretation of the powers of the High Court under Ss. 418 and 423 of the Code. 7. In Abdul Rahim v. Emperor, 73 Ind App 77 in dealing with the power of a High Court in a reference under S. 374 for confirmation of death sentence passed by the Court of Session in a trial held with jury, where the verdict of the jury was found to be vitiated on the ground of admission of evidence, which in law, was inadmissible, the Judicial Committee of the Privy Council observed : "Where inadmissible evidence has been admitted in a trial by jury, the High Court on appeal may, after excluding such evidence, maintain a conviction, provided the admissible evidence remaining is in the opinion of the Court sufficient to establish the guilt of the accused. The High Court is not bound to order retrial in such cases." The Judicial Committee also observed: "The primary duty of the Court on an appeal is indicated in S. 423(1). It is to consider with the record before it whether there is sufficient ground for interfering . In a trial by jury, that there has been a misdirection is not of itself a sufficient ground to justify interference with the verdict. The Court must proceed to consider whether the verdict is erroneous owing to the misdirection or whether the misdirection has in fact occasioned a failure of justice. If the Court so finds then it has a plain justification for interfering and indeed a duty to do so." The Judicial Committee also observed : "An appeal may be entertained only on a question of law, but once it has been held by the Appellate Court that there has been an error in law it is open to it to interfere with the jury s verdict and if it thinks that the error in law affords sufficient ground for doing so it will then proceed to consider which of the various forms of interference it will adopt. Section 423 clearly indicates that within its meaning a misdirection by the Judge falls within the category of error in law, for it contemplates in sub-sec. (2) that an appeal is competent on the ground of misdirection. But a misdirection having been found to have occurred it is not necessarily a ground for interference. It may have been of a more or less trivial charactet. But if it has led to an erroneous verdict being returned or to a failure of justice the statute plainly indicates that a case for interference has arisen, what form the interference shall, take is left to the Court which is given a wide discretion. It need not order a retrial. It may for example acquit the accused. To order a retrial might well operate injustice in readily conceivable circumstances." 8. We are therefore of the opinion that S. 425 applies to all appeals before the High Court whether from a trial by jury or otherwise and when the High Court finds that the verdict of the jury is vitiated on account of some defect of law or misdirection it has full power to deal with the appeal in the manner specified in S. 413 and for that purpose it may appraise the evidence to decide what course it will follow: 9. But it is contended that where the Court of Session in a trial held by jury sentences the accused in suffer the penalty of death and the case is submitted to the High Court under S. 374 of the Code of Criminal Procedure for confirmation of sentence and the accused also appeals against the order of conviction and sentence the High Court is bound to hear and decide the appeal in the first instance, and if on a consideration of the appeal, the High Court holds that the verdict was vitiated on account of misdirection or misunderstanding of the law on the part of the jury, the verdict must be set aside and with the disappearance of the verdict disappears the order of sentence, and it is not open to the High Court to confirm the sentence of death on a reappraisal of the evidence. The High Court is bound in these cases, says counsel for the appellants to order retrial of the accused. 10. An appeal under sub-sec. The High Court is bound in these cases, says counsel for the appellants to order retrial of the accused. 10. An appeal under sub-sec. (I) of S. 418 of the Code lies on a matter of fact as well as on a matter of law, except where the trial is by jury, in which case the appeal lies on a matter of law only. But that is not the only provision which invests the High Court with jurisdiction to deal with the case of an accused person when he is tried by jury and is sentenced to suffer death. The sentence of death passed by the Court of Session in a reference under S. 374 of the Code cannot be executed unless it be confirmed by the High Court. Under S. 376 the High Court dealing with a case submitted to it under S. 374(1)(a) may confirm the sentence, or pass any other sentence warranted by law, or (b) may annul the conviction, and convict the accused of any offence of which the Sessions Court might have convicted him, or order a new trial on the same or an amended charge, or (c) may acquit the accused person. These powers are manifestly of wide amplitude, and exercise thereof is not restricted by the provisions of S. 418(1) and 423 of the Code of Criminal Procedure, irrespective of whether the accused who is sentenced to death prefers an appeal, the High Court is bound to consider the evidence and arrive at an independent conclusion as to the guilt or innocence of the accused and this the High Court must do even if the trial of the accused was had by jury. In a case where the death sentence is imposed no sanctity attaches to the verdict of the jury. The verdict is not binding if the High Court holds on the evidence that the order of conviction is not warranted. Indeed, duty is imposed upon the High Court to satisfy itself that the conviction of the accused is justified on the evidence, and that the sentence of death in the circumstances of the case, is the only appropriate sentence. 11. Indeed, duty is imposed upon the High Court to satisfy itself that the conviction of the accused is justified on the evidence, and that the sentence of death in the circumstances of the case, is the only appropriate sentence. 11. It has been the uniform practice of the High Courts in India to hear the reference for confirmation of sentence of death and the appeal preferred by the accused together and to deal with the merits of the case against the accused in the light of all the material questions of law as well as fact and to adjudicate upon the guilt of the accused and the appropriateness of the sentence of death. In this case also, the High Court did hear the reference and the appeal together. On the view that the verdict of the jury was vitiated, the High Court was obliged to consider what order in the circumstances of the case was appropriate. The High Court was not bound exercising powers under S. 423 to order a retrial; it could exercise any of the powers under S. 423(1)(b). The High Court had also to consider what order should be passed on the reference under S. 374, and to decide on an appraisal of the evidence whether the order of conviction for the offences for which the accused were convicted was justified, and whether, having regard to the circumstances, the sentence of death was the appropriate sentence. The High Court is of course competent when dealing with a reference under S. 374 to order a retria but the High Court is not bound to do so in every case tried with jury when the verdict of the jury is found to be vitiated be cause of error of law or misdirection. The right of trial by jury is an important right conferred upon accused persons in the triad of certain serious offences; but under out jurisprudence the right to trial by jury is a creation of statute and the question whether the accused in a given case having had the benefit of a trial by jury should because of misdirection be ordered to be retried, or his case be considered on the evidence by the appellate court, is one of discretion and not of right. The High Court has, in the present case, exercised this discretion and we see no adequate ground to interfere with the exercise of that discretion. 12. Learned counsel for the State invited our attention to a judgment of this Court in Cr. A. 113 of 1956, Bhupati Bhusan Biswas v. State of West Bengal, decided on February 14, 1957 (SC) in which this Court set aside the older passed by the High Court directing retrial of a case which was tried with jury, in which the verdict was vitiated, and ordered that the High Court should hear the case on the evidence. The Court in that case observed, "In the circumstances of this case we are of the opinion that the High Court was in error in remanding the case for retrial; it should have followed the procedure laid down in the Privy Council case and should have gone into the evidence and determined for itself whether the accused were guilty or not". It is manifest that this Court vacated the direction of the High Court ordering retrial in the special circumstances of the case : the Court did not lay down any general rule that in every case where the verdict of the jury in a case where the accused has been convicted at a trial held with jury is found to be vitiated the High Court must not remand the case for retrial. 13. Counsel for the appellants, contended that in this case there had been no proper trial of the appellants before the Court of session and therefore the order of the High Court should be set aside and retrial ordered. Counsel strongly relied upon the manner in which the examination of the accused under S. 342 by the Court of Session was conducted and submitted that the Sessions Judge asked complex questions to each of the accused relating to several distinct pieces of evidence brought on the record. For instance Ram Shankar was asked You have heard the evidence as well as the cross-examination of the prosecution witnesses. For instance Ram Shankar was asked You have heard the evidence as well as the cross-examination of the prosecution witnesses. They have stated that you together with your wife Bimala Devi, brother Sudama Singh, Ramnarayan Missir and his wife Depali Missir and 5/7 other Hindusthani men armed with iron rods, daggers and swords formed an unlawful assembly at No. 7 Tikiapara Road on the 21st March, 59 with the intention of murdering one Rampiari and her son Hiralal & that you intentionally killed Rampiari and Suraj Dubey of 9 Madhab Ghosh Road with a knife. Do you want to say anything in your defence in connection with this charge ?" Similar questions were also asked of accused Bimala and Sudama Singh. With regard to the events subsequent to the murder of Rampiari Hiralal and Shyama Prosad Missir another complex question was asked. It is urged that the examination of the accused held in this manner was not in accordance with S. 342 of the Code of Criminal Procedure, the terms whereof are mandatory and the Sessions Judge having failed to comply there with the accused, it must be presumed were prejudied. It was submitted in support of this contention that if the several components of the questions which dealt with independent matters on which evidence was led by the prosecution had been split up, the accused might have given some explanation acceptable to the jury. The Sessions Judge having failed to do so, the trial must be regarded as vitiated: 14. In our view, the learned Sessions Judge in rolling up several distinct matters of evidence in a single question acted irregularly. Section 342 of the Code of Criminal Procedure by the first sub-section provides, in so far as it is material : "For the purpose of enabling the accused to explain any circumstances appearing in the evidence against him, the Court . . . . . . . . . shall . . . . . . . . question him generally on the case after the witnesses for the prosecution have been examined and before he is called on for his defence." Duty is thereby imposed upon the Court to question the accused generally in a case after the witnesses for the prosecution have been exammined to enable the accused to explain any circumstance appearing against him. . question him generally on the case after the witnesses for the prosecution have been examined and before he is called on for his defence." Duty is thereby imposed upon the Court to question the accused generally in a case after the witnesses for the prosecution have been exammined to enable the accused to explain any circumstance appearing against him. This is a necessary corollary of the presumption of innocence on which our criminal jurisprudence is founded. The object of the section is to afford to the accused an opportunity of showing that the circumstance relied upon by the prosecution which may be prima facie against him, is not true or is consistent with his innocence. The opportunity must be real and adequate. Questions must be so framed as to give to the accused clear notice of the circumstances relied upon by the prosecution, and must give him an opportunity to render such explanation as he can of that circumstance. Each question must be so framed that the accused may be able to understand it and to appreciate what use the prosecution desires to make of the evidence against him. Examination of the accused under S. 342 is not intended to be an idle formality, it has to be carried out in the interest of justice and fair- play to the accused : by a slipshod, examination which is the result of imperfect appreciation of the evidence, idleness or negligence the position of the accused cannot be permitted to be made more difficult than what it is in a trial for an offence. This Court pointed out in Ajmer Singh v. State of Punjab, 1953 SCR 418 that "it is not a sufficient compliance with the section (S. 342 Code if Criminal Procedure) to generally ask the accused that, having heard the prosecution evidence what he has to say about it. He must be questioned separately about each material circumstance which is intended to be used against him. He must be questioned separately about each material circumstance which is intended to be used against him. The whole object of the section is to afford the accused a fair and proper opportunity of explaining circumstances which appear against him and the questions must be fair and must be couched in a form which an ignorant or illiterate person may be able to appreciate and understand." The examination by the sessions Judge of the appellants was perfunctory, but as observed in Ajmer Singh s case 1953 SCR 418 every error or omission in complying with S. 342 does not vitiate the trial. "Errors of this type fall within the category of curable irregularities and the question whether the trial has been vitiated depends in each case upon the degree of error and upon whether prejudice has been or is likely to have been caused to the accused". To the questions asked by the Judge, the answers given by the appellants were either "I am innocent or "the story is false". Failure on the part of the sessions judge to split up the questions so as to deal with each distinct feature or material piece of evidence separately, however, does not in the circumstances of the present case justify in inference that prejudice was thereby caused to the appellants, Counsel for the appellants has not been able to suggest, having regard to the line of cross-examination adopted and the criticism of the evidence of the prosecution witnesses offered by him, what explanation besides complete denial of the prosecution story, the appellants could have offered in answer to the questions relating to the different circumstances and pieces or features of evidence on which the prosecution relied. It is true that the prosecution strongly relied upon two circumstance; against Bimala (1) that when she came out of the house of Ramdeo Ahir she had a blood-stained knife in her hand and (2) that when she was arrested from the godown of Bhola Singh, the knife was in her hand. To these matters of evidence attention of the accused Bimala does not appear to have been invited. Similarly, attention of Ram Shankar to the evidence that when he came out of the room of Ramdeo Ahir, he had a knife in his hand was not invited. But the have already observed. To these matters of evidence attention of the accused Bimala does not appear to have been invited. Similarly, attention of Ram Shankar to the evidence that when he came out of the room of Ramdeo Ahir, he had a knife in his hand was not invited. But the have already observed. beyond a bare denial, the learned counsel was unable to suggest any other answer which the accused could give to these pieces of evidence even if they had been specifically put to their. It is also to be noticed that the plea that the appellants had not been properly examined under S. 342 of the Code of Criminal Procedure was not raised before the High Court ; at least there is no reference in the judgment of the High Court to any such argument. Failure to comply with the provisions of S. 342 is an irregularity; and unless injustice is shown to have resulted therefrom a mere irregularity is by itself not sufficient to justify an order of retrial. The appellate court must always consider whether by reason of failure to comply with a procedural provision, which does not affect the jurisdiction of the court the accused have been materially prejudiced in the present case, we are of the view, having regard to the circumstances, that the appellants have not been prejudiced, because of failure to examine them strictly in compliance of the terms of S. 342 of the Code and that view is strengthened by the fact that the plea was not raised in the High Court by their counsel who had otherwise raised numerous questions in support of the case of the appellants. 15. Rampiari her son Hiralal, Shyama Prosad Missir and Surajnath Dubey received fatal injuries shortly after 9 p.m. on the night of March 21, 1959. Rampiari had on her person two incised injuries on the left side of chest cutting through the ribs. Hiralal had six injuries on his chest, abdomen and arms-four incised injuries and two punctured, Shyama Prosad Missir had one injury on the chest piercing the thoracic cavity Surajnath Dubey had an injury in the abdomen. These injuries were in the ordinary course of nature sufficient to cause death. The appellants contend that they were not responsible for the injuries to these victims. 16-24. These injuries were in the ordinary course of nature sufficient to cause death. The appellants contend that they were not responsible for the injuries to these victims. 16-24. (The Court then considered the entire evidence material to the case of the three, appellants the general criticism of the evidence urged for the appellants and on a review of the evidence, held that the First Information about the commission of the offence was given immediately ; in the first information the names of the three appellants and the part played by them was set out in detail. The police officer who arrived on the scene shortly after the incident found the door of Ramdeo Ahir s room broken and blood marks were found at various places in Ramdeo Ahir s room as well as in the courtyard. Many of the witnesses who supported the case for the State were disinterested and independent. No injuries were found on any of the party of the accused which could be attributed to a fight between their party men and the goalas. Having regard to these circumstances, the High Court was right in holding that the prosecution story was true. After adverting to the evidence against Sudama Singh the Court observed that it could see no reason to disagree with the view of the High Court that Sudama Singh was present at the scene of offence and he broke open the door of Ramdeo Ahir s house to facilitate the entry of Ram Shankar and Bimala to murder Rampiari and Hiralal and that he stabbed Shyama Prosad Missir with a knife). 25. Ram Shanker and Bimala forcibly entered the house of Ramdeo Ahir and killed Rampiari and Hiralal. Ram Shankar also stabbed Suraj Dubey, when he attempted to protest against his conduct. Sudama Singh, besides breaking open the door of Ramdeo Ahir s room to facilitate the entry by Ram Shankar and Bimala stabbed Shyama Prosad Missir when the latter tried to intervene. The assault upon the members of the family of Ramdeo Ahir was conceived and initiated with deliberation, and with the object of slaughtering a defenceless woman and her young son. Innocent persons who intervened were mercilessly stabbed and killed. There is no ground, therefore, for disagreeing with the High Court that this is pre-eminently a case in which death sentence should be imposed on the three appellants. 26. Innocent persons who intervened were mercilessly stabbed and killed. There is no ground, therefore, for disagreeing with the High Court that this is pre-eminently a case in which death sentence should be imposed on the three appellants. 26. On the view taken by us this appeal fails and is dismissed. Appeal dismissed. For Citation : AIR 1962 SC 1239