JUDGMENT

SARKARIA, J. :— This appeal by special leave is directed against a judgment of the High Court of Rajasthan, by which the order of the Sessions Judge, Ganganagar, convicting the appellant under S. 302, Penal Code and sentencing him to death for the double murder of two persons in village Takhat Hazara, was confirmed.

2. The facts of the prosecution case are as follows :- A First Information Report was lodged on September 9, 1973 at about 7.30 a.m. by one Shyam Singh in Police Station Sadul Sahar, to the effect, that when he in the morning went to the Gurdwara of his village at about 7 a.m. for brooming and burning incense, as usual, he found three persons, one of whom, Mada Singh, lay groaning on a cot. The informant went back to the village, contacted Jagar Singh, Hari Singh, Sukhdarshan Singh, Amar Singh and others, and in their company returned to the Gurdwara. It was then detected that Kartar Singh son of Hari Singh lay dead on a cot with injuries on his head. The other two persons, Mada Singh and Wazir Singh, were lying injured. The locks of the rooms were found broken and the goods lay scattered. After registering the case, the station House Officer, Bhagwan Singh, rea