Judgment

MATHEW, J.:- Sheralli Wali Mohammed was charged with offences under S. 302 of the Indian Penal Code for having caused the death of his wife Saifulla and his female child Shama in his chawl at Mazagaon, Greater Bombay, on March 8, 1968, and was tried for the offences by the Sessions Judge for Greater Bombay. The accused was found guilty of the offences and he was sentenced to imprisonment for life on each of the counts; the two sentences were to run concurrently.

2. The accused filed an appeal against the convictions and sentences before the High Court of Bombay. The High Court dismissed the appeal.

3. This appeal, by special leave, is directed against the judgment of the High Court.

4. The prosecution case was as follows. The accused was residing in Room No. 16 of Noorudin Ibrahim Baithi Chawl at Sitafali Wadi Road in Mazagaon, with his wife and four children. At about 4 A.M. on March 8, 1968, P. W. 4, Hyderali Wali Mohammed, a brother of the accused, who was staying in the opposite Chawl, was awakened from his sleep and was informed that his brother Sheralli was shouting. He, therefore, went to the room of the accused and found the accused outside the room, beating his head w