Judgment

SUBBA RAO J. : This is an appeal by special leave against the judgment of a Divisional Bench of the High Court of Judicature at Allahabad convicting the appellant under Ss. 302 and 394 of the Indian Penal Code and sentencing him to death and ten years rigorous imprisonment respectively. Shortly stated, the prosecution case is as follows:

2. Amar Lal, the deceased, Kishan Lal (P. W. 1) and Dewan Chand (P. W. 2) were the sons of one Mohri Ram. They were living in a house in a locality known as "Chhatta Baroomal" in the city of Saharanpur. At the entrance of the house there is "deorhi . The door of the "dahliz" of the house of Kishan Lal and the doors of three other houses open into this "deorhi." In the house the brothers lived in different portions. The deceased and Dewan Chand lived on the ground floor while Kishan Lal lived on the first floor known as "chaubarah". There is an open roof over the "deorhi lying in front of the "chaubarah" and it projects over the gate of " deorhi". Kishan Lal, Amarlal and Mohri Ram were doing business in biris and cigarettes and their shop was two or three furlongs from their house. On 15-8-1957, Kishan Lal returned from his shop at about