Judgment

ALAGIRISWAMI, J. :- The two appellants in Crl. A. No. 54 of 1970 were tried before the Additional Sessions Judge of Bhagalpur for offences under Ss. 302 and 394 of the Indian Penal Code and convicted by him for both the offences. On a reference made by the Additional Sessions Judge for confirmation of the death sentence awarded to them and two appeals filed by them the High Court of Patna upheld their conviction under S. 394 but acquitted them of the offence under Section 302. The accused as well as the State of Bihar have appealed to this Court, the former in respect of their conviction under Section 394 and the State against their acquittal in respect of the offences under Section 302. The facts giving rise to these appeals are as follows :

2. Ram Prasad Mandal, a resident of Bhagalpur, his wife Rukmini and their daughter Pushpa Devi were returning from Vellore, where the daughter underwent treatment. They were travelling from Calcutta to Bhagalpur by the Howrah Danapur Fast Passenger on 6-4-1965. They were accompanied by their servant Mohan Lal (P.W. 1). At Pirpainty railway station appellant Pashupati Singh entered their compartment and when the train reached Ghogha rail