Raghubar Dayal, J. - (1.) Jagdeo appeals against his conviction under Section 460, I. P. C. A notice was issued to him to show cause why the sentence passed against him be not enhanced.
(2.) Srimati Lalji was found murdered inside her house at 11 a. m. on 27-4-1949. Her ornaments had been removed. On investigation, Jagdeo appellant was sent up for trial of the offence under Section 460, I. P. C. He was convicted of this offence and sentenced to five years' rigorous imprisonment.
(3.) The evidence in the case against the appellant was of two kinds : one kind of evidence consisted of his alleged extra-judicial confession to Baij Nath, and the other type of evidence was about the alleged recovery of certain ornaments of the deceased at his instance. In view of the opinion, we have formed during the hearing of the arguments of the learned Counsel for the appellant, that the case should be retried, we did not hear him fully on the merits and have consequently formed no opinion about the merits of the case.;