Judgment

FAZAL ALI, J.:- This appeal by special leave is directed against the judgment of the Bombay High Court by which the convictions of the respondent under Sections 302 and 364 of the Indian Penal Code were set aside and the respondent was convicted under Sec. 369 of the Indian Penal Code and sentenced to two years rigorous imprisonment. The respondent was tried under Ss. 302 and 364 before the Sessions Judge who convicted him under Section 364 and sentenced him to two years rigorous imprisonment and under Section 302 sentenced him to death. The Sessions Judge made a reference to the High Court and the respondent filed an appeal against his conviction. The High Court after hearing counsel for the parties came to the conclusion that the circumstantial evidence relied upon by the prosecution was not sufficient to raise an irresistible inference that the respondent had committed the murder of the child-Dhanpal. The facts of the case have been detailed in the judgment of the High Court and it is not necessary to repeat the same all over again.

2. On the 26th of July, 1974 the deceased Dhanpal a boy of three years of age was playing in the land adjacent to the house of the respondent