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After completing the investigation, the District Superintendent of Police, Bangalore North, placed a charge-sheet against the appellants for offences under Sections 457, 459, 460, 380, 392, 394, 397, 302 and 307 and Section 34 of the Indian Penal Code before the City Magistrate, Bangalore, on the 7th day of July, 1956. Since there were no eye witnesses for the incident, the learned City Magistrate, Bangalore, perused the documents filed by the prosecution under Section 173 of the Code of Criminal Procedure and framed charges under Section 302, read with Section 34 of the Indian Pena! Code, Section 307, read with Section 34 of the Indian Penal Code, Section 457, read with Section 34 of the Indian Penal Code, Section 380, read with Section 34 of the Indian Penal Code, Section 392, read with Section 34 I. P. C., Section 394 read with Section 34 I. P. C., Section 397, read with Section 34 of the Indian Penal Code and Section 460 of the Indian Penal Code against all the three accused and committed them to take their trial before the Sessions Judge, Bangalore.

The learned Sessions Judge was of the opinion that since all the appellants had been convicted under Section 457 of the Indian Penal Code and also under Section 302 read with Section 34 of the Indian Penal Code no separate conviction or sentence for the offence under Section 460 of the Indian Penal Code was called for and therefore did not pass separate sentences. It is against these convictions and sentences passed against them that the present appeals have been filed by the accused.

The learned Sessions Judge has also submitted the proceedings of the case for confirmation of the death sentences passed against the accused under Section 374 of the Code of Criminal Procedure.

A notification was issued by the erstwhile Government of Mysore under Section 269, Cr.P.C. on 9th May, 1917 under the Code of Criminal Procedure which was then in force. No fresh notification has been issued by the Government of Mysore after the introduction of the Code of Criminal Procedure of 1888 and after the Criminal Procedure Code was amended by Act 26/55 declaring what offences or class of offences shall be tried with the aid of a jury.

According to the notification referred to above which we presume is in force, offences punishable under Sections 302 and 307 of the Indian Penal Code with which the accused are charged and tried are not triable with the aid of a jury. It is only the other offences punishable under Sections 457, 380, 397, 392 and 460 of the Indian Penal Code that are triable with aid of jury. Therefore, the accused cannot raise any valid objection as regards their trial in respect of the charges under Sections 302 and 307 of the Indian Penal Code.