Judgement

BEG, J. : - This is an application for review of an order passed by us on 19-1-1974* on a Criminal Appeal by special leave.

2. The applicant had been tried together with his father Jamuna Prasad and step-mother Kalawati Devi, and convicted for the murder of his wife Chanda Devi, who, it was alleged, had frequent quarrels with Kalwati. The applicant and his father and certain other persons were also charged under Section 201, Indian Penal Code for disposing of the body of Chanda Devi after the murder knowing that she had been murdered.

3. The trial Court convicted the applicant Sawal Das, his father Jamuna Prasad, and his step-mother Kalawati for the offence of murder under Section 302 read with Section 34, I.P.C. and sentenced each of them to rigorous imprisonment for life. The applicant and his father were also convicted under Section 201, I.P.C. but no separate sentences were imposed upon them for this offence "in view of the fact that they had been sentenced under Sections 304/34, I.P.C."

4. The High Court, on an appeal by convicted persons, set aside the convictions of Kalawati for both offences and order her to be set at liberty. It also allowed the appeal of Jamuna Pras