Judgement

MAHAJAN, J. : The appellants, Sanwat Khan and Kaloo Khan, were convicted by the Sessions Judge of Nagpur for an offence under S. 302, I.P.C. for the murder of one Mahant Ganeshdas and his servant Ganpatia and were sentenced to death. They appealed to the High Court of Judicature for Rajasthan at Jodhpur and their case also came up for confirmation of the sentence under S. 374, Cr. P. C., before that Court.

The High Court confirmed the conviction but commuted the sentence of death into one of imprisonment for life. To this extent the appeal of both the accused persons was allowed. This is an appeal by special leave against the above decision of the High Court.

2. Shortly stated, the facts of the case are that Mahant Ganeshdas who was a wealthy person used to live in the temple of Shri Gopalji situated on a hillock near Panchota about a mile and a half from the village. Ganpatia Daroga used to live with him at the temple. On the morning of 1-1-1948 it was discovered that both of them were lying dead in the temple. Death took place on account of the injuries caused to them by means of an axe.

The house had also been ransacked and boxes and almirahs opened. The matter was reporte