Judgment

DUA, J.: - In this appeal by special leave the appellant Matru alias Girish Chandra challenges his conviction under Section 302 read with Section 34, I. P. C., and under Section 382, 1. P. C. For the former offence he was sentenced to imprisonment for life and for the latter to rigorous imprisonment for four years. Both the sentences were directed to run concurrently.

2. The appellant, along with Mohar Singh and Saheb Singh were committed to the Court of Sessions for trial for offences under Sections 302/34, I. P. C. for the murder of Smt. Omwati, wife of Ram Chander (P W. 1) and of their three year old son Sua Lal and under Section 382, I. P C for committing theft of cash, ornaments and other things from the house of the deceased. The offences were alleged to have been committed on May 29, 1964 between 10 and 11 a m. in the township of Shamsabad.

3. The appellant and the deceased were admittedly next door neighbours in Mohalla Chaukhanda at the relevant time. Ram Chandra had two sons, the elder one Ramji being six years old. On the day of occurrence at about 9 a. m., Ram Chandra left his house for his shop about three furlongs away, leaving behind in the house his wife and t