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TMI Blog1970 (3) TMI 171X X X X Extracts X X X X X X X X Extracts X X X X ..... the Indian Penal Code and sentenced to imprisonment for life. 3. Broadly stated, the charge against the appellant was that he in conspiracy with his brother, accused No. 2 committed murder of Revansidhappa Shivappa Patil and Mahadeo Sidran Patil. The defence of both the appellant and his brother was one of total denial. 4. The right to prefer an appeal from sentence of Court of Sessions is conferred by Section 410 of the Criminal Procedure Code. The right to appeal is one both on a matter of fact and a matter of law. It is only in cases where there is a trial by jury that the right to appeal is under Section 418 confined only to a matter of law. 5. this Court in several decisions dealt with Section 410 of the Criminal Procedure Code and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pportunity to an appellant in a dacoity case of being heard as required under Section 479A of the Criminal Procedure Code would be an arguable point. 9. In an unreported decision of this Court in Bhanwar Singh v. State of Rajasthan (Criminal Appeal No. 38 of 1969 decided on 17 September, 1969.), it was held that failure to consider the position in which the appellant was placed when his immediate superior admittedly ordered him to bring out the currency notes which were required not for the purpose of investigation of any case but only for the purpose of being shown to a person whom the sub-inspector wanted to help in laying down a new trap would be a substantial ground in a conviction under Prevention of Corruption Act and Section 409 of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eys were recovered was open to objection. The High Court dismissed the appeal in limine this Court remitted the matter back to the High Court for disposal of the appeal in accordance with law by expressing the view that these were arguable points. In the same case it was said that it would be open to the appellant to canvass before the High Court in appeal every point even on a question of fact in his favour to demolish by reference to other material the evidence that had been used against him. 12. In the present case, one of the contentions of the appellant in the appeal preferred was that the appellant was charged under Section 302 read with Section 34 of the Indian Penal Code for committing murder of both the Patils in furtherance of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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