Judgment

B.K. MUKHERJEA, J.: This appeal, which has come before us on special leave, is directed against a judgment of a Division Bench of the Allahabad High Court, dated 19th September 1951, passed in Criminal Appeal No. 333 of 1951 by which the learned Judges affirmed, with slight modification, the judgment and order of the Additional Sessions Judge, Budaum made in Sessions Trial No. 142 of 1950 and upheld the conviction of the appellant under sections 302 and 364 of the Indian Penal Code and the sentences of death and transportation for life passed thereunder.

2. The facts of the case lie within a short compass. The prosecution story is that Lalman and Thanni, the two murdered persons, were brothers and belonged to a well-to-do family of traders who were residents of village Kurha Shahpur in the district of Budaun and had a sugar manufactory at the place. Lalman s son is named Itwari. On the day of occurrence, which is 11th of December 1949, at about 5 p.m. in the after noon, while the work was going on in the sugar manufactory which is located in a thatched hut, and Itwari, Thanni and several other persons were present, four people coming from the Northern side arrived on the spo