Judgment

VAIDIALINGAM, J. :- This appeal by special leave is against the judgment and order dated 19-10-1970 of the Allahabad High Court in Criminal Appeal No. 642 of 1972 confirming the conviction of the appellant for an offence under Section 302 read with Section 34, I. P. C. as well as the sentence of death imposed on him for that offence by the First Temporary Civil and Sessions Judge, Allahabad. By the same judgment the High Court has also confirmed the conviction of the appellant for an offence under Section 352 read with Section 34, I. P. C. as also the sentence of three month s rigorous imprisonment on the appellant for the said offence.

2. Another accused, Abrar Ahmad, was also convicted along with the appellant of the offence under section 302 read with Section 34 but he was sentenced to undergo imprisonment for life. The said Abrar Ahmad was also convicted and sentenced for an offence under Sec. 352 with Section 34, I. P. C. His conviction and sentence for both the offences were also confirmed by the High Court. We are informed that after the judgment of the High Court the said Abrar Ahmad died. That explains the reason why he is not before us.

3. According to the prosecuti