Judgement

MUDHOLKAR, J.: The appellant has applied from the judgment of the High Court at Allahabad affirming his conviction for offences under S. 302, 307 and 324. Indian Penal Code and confirming the sentence of death passed upon him in respect of the offence under S. 302 and also affirming the sentences passed in respect of the other two offences.

2. The facts as found by the High Court are these:

The appellant had quarrelled with Mangali, P. W. 1, as Mangali reprimanded him over the grazing of his cattle in Mangali s field and damaging his crops. The appellant threatened Mangali that he would exterminate the latter s family. On February 25, 1957 at about 3-00 P. M. Babu Ram son of Mangali, aged about 7 or 8 years, Ram Ratia, aged about 2 years, daughter of Mangali s brother and Punna, son of Baijnath, brother of Mangali and Dulli, daughter of one Ladda Kewat, aged about 10 or 11 years and some other children were playing in the village near the hut of Hiralal, P. W. 3. The appellant came there armed with a sickle and rushed at the children. He first struck a blow on Babu Ram, who fled away and started crying. Mangali s one year old daughter Lachhminia was also there at that time a