Judgment

RAY, J.: This appeal by special leave is against the judgment dated 18th December, 1968 of the High Court at Bombay dismissing the appeal and confirming the conviction of Moti alias Narayan Seshanna Yadav and Sheshanna Bhumanna Yadav accused Nos. 2 & 3 respectively except that the conviction of accused No. 2 of the substantive offence of murder under Section 302 was altered and accused No. 2 was convicted of an offence under Section 302 read with Section 120B as well as of offence under Section 302 read with Section 34 of the Indian Penal Code. The High Court confirmed the sentence of death passed against accused No. 3 Sheshanna Bhumanna Yadav. Accused No. 2 son of accused No. 3 was at the time of the judgment of High Court of 17 years of age. The High Court reduced the punishment of accused No. 2 to rigorous imprisonment for life. Accused No. 1 Hiralal was the domestic servant of Dr. Nanavati grandfather of the deceased Narendra. Accused No. 2 is the son of accused No. 3.

2. Accused No. 1 Hiralal Jamnadas Joshi, accused No. 2 Moti alias Narayan Sheshanna Yadav and accused No. 3 Sheshanna Bhumanna Yadav were charged with having entered into criminal conspiracy with approver