Judgment:

RAGHUBAR DAYAL, J.: (majority view - Das, Sarkar and Raghubar Dayal, JJ.) Raghav Prapanna Tripathi, hereinafter called Raghav, Ramanuj Das, Jai Devi, Mohan and Udham Singh, appeal by special leave against the order of the High Court of Allahabad, dismissing their appeal against their conviction by the Sessions Judge, Etawah. Raghav was convicted and sentenced to death under S. 302 I. P. C. He and the other appellants were. also convicted of the offence under S. 201 I. P. C. Ramanuj Das was convicted of the offence under S. 176 1. P. C. also.

2.The prosecution case, in brief, is that Raghav shot dead his first wife, Kamla, and their son Madhusudhan, aged about 4 years, at about sunset on April 5, 1961, at their house in village Hamirpur Roora, District Etawah. The motive for this conduct is said to be Raghav s not caring for Kamla and ill-treating her after his marrying one Bimla in 1954. Kamla had to go to her father s place and stay there for about two years on account of the alleged in treatment she got at her husband s hands. She was, however, brought back by Ramanuj Das, in 1960. He assured her father that she would be well looked after and that he would transfer 90 big