Judgment

BHAGWATI, J. :- The appellant and one Gangia were tried before the Sessions Judge. Jodhpur for the offences of murder, housr trespass and robbery. The scene of the crime was a hutment situation a Jod, that is, pastureland belonging to the Government between the villages of Palasni and Kharia Khurd in Jodhpur District. One Sujan Singh, who was a forest guard, was living in the hutment with his wife Inder Kanwar, three sons Kan Singh, Bhanwar Singh and Roop Singh and his mother Lad Kanwar. On 19th October, 1967, Sujan Singh went to village Thakarise to bring his daughter and he was away from his hutment until 22nd October, 1967. Kan Singh also left the hutment for going to Bimpalur for purchase of Bajra on 21st October, 1967. When he returned to the hutment in the morning of 22nd October, 1967, he was shocked to find his mother Inder Kanwar, his two brothers Shanwar Singh and Roop Singh and his grand-mother Lad Kanwar lying murdered in the hutment. He saw a box lying outside the room and he also found that the shutters of the door of the room were unhinged and were lying inside the room and other household articles were lying scattered. He immediately ran to the village Khari