Judgement

SARKARIA, J.:- Ilyas aged 16 years, has preferred this appeal by special leave against the judgment of the High Court of Allahabad whereby his conviction and sentence of life imprisonment under Section 302/34, Penal Code was maintained.

2. The facts are these:-

Nithu Singh of village Bhainsi Police Station Khatauli was a sonless old man of 70 years. He had two daughters, named Smt. Qabooli (P.W.6) and Smt. Harphooli. Smt. Qabooli was residing with her father in this village for a few months preceding the occurrence in question. On the night between the 21st and 22nd Januay, 1968, Nathu Singh deceased was asleep in his Dukarya (two door room) while his daughter, Smt. Qabooli, was sleeping in the tethri of the house separated by a countyard from the Dukarya. At about 2 or 2.30 a.m. she woke up on hearing a noise. She thought that their servant had come to take the cart. She called her servant by name. She at the same time saw one or two strangers moving inside the room. She raised an alarm, but, on account of fright recoiled into her apartment of the house. After about half an hour, she heard the voices of the villagers. Reassured, she came out to the Dukarya and found Ilyas a