JUDGMENT

BEG, J.:— The appellant Faquira was convicted under Section 302, Indian Penal Code and sentenced to death by the Sessions Judge of Rampur. He had been tried with two co-accused, Shiamlal and Bhukan, who had been acquitted for offences punishable under Section 302 read with Section 34, Indian Penal Code, but, on a Government appeal having been filed against their acquittals, these acquittals were set aside and they were convicted and sentenced to life imprisonment. There are two appeals before us now: one by Faquira, and the other by Shiamlal. It appears that Bhukan, who, together with Shiamlal, had been convicted under Section 302/34, I. P. C., does not question the correctness of his conviction and sentence.

2. The prosecution case was that Bhukan, the convicted accused, who has not appealed and the murdered man Jamil Ahmed alias Chhanga were both Richkshaw pullers who used to keep their Rickshaw near the Chabutra of Mozzam Ali at Darakhat Kait, where two main roads, in Police Station Ganj in the city of Rampur crossed. One Smt. Uttamia, aged about 35 years, used to keep a Khoncha on the opposite side of the crossing facing the Chabutra. She used to prepare and sell potat