Judgment

V.N. Khare, J.-This criminal appeal is directed against the judgment dated 30-4-1997 of the Madhya Pradesh High Court in Criminal Appeal No. 1712 of 1996 whereby the High Court was upheld the conviction of the appellants under Sections 302/34 IPC and further confirmed the death sentences awarded to them by the trial Court.

2. The prosecution case in brief, is like this :

Accused-appellant No. 1 Shaikh Abdul Hameed is the husband of deceased Mst. Manglibi @ Kaniza. Deceased Samidabi is the daughter of Manglibi from her former husband. Deceased Rafeeq, aged about 14 months, was the son of accused-appellant No. 1 and deceased Manglibi. Ashiq Ali, co-accused-appellant No. 2 is a friend of appellant No. 1 and he after release from prison was living with appellant No. 1 in the Dhaba.

3. In the year 1989, deceased Manglibi after purchasing a small plot of land on highway No. 7 constructed a Dhaba where she started business of sale of refreshment. Appellant No. 1, deceased Manglibi, deceased daughter Shamidabi and son Rafeeq-all were living in the said Dhaba. On 13.11.92, Qadir Khan (P.W. 9) had lodged a report to the police station Chaprra, that his elder sister Manglibi, along with