JUDGMENT

PUNCHHI, J.:— These two Criminal Appeals have common roots and are being disposed of together. They have arisen in the following circumstances:

2. Vinod Kumar, aged about 12 years, was a poor boy of Village Lar, District Deoria. in the State of Uttar Pradesh. He is the victim in the instant crime. On or about July 1, 1968, the said Vinod Kumar was employed by Kapil Deo accused as a domestic help in his house at Village Lar. Kapil Deo, his wife Smt. Sheo Kumari, his son Vidya Sagar, and his brother Ramapati were living together in that house age Lar. All the four , are the accused involved herein. At about 4.00 p.m. on July 16, 1968, Vinod deceased and Vidya Sagar accused were playing with some other boys near the house of Kapil Deo. Kapil Deo and Ramapati on arrival there scolded the boys for playing there and took Vinod Kumar, servant and Vidya Sagar, accused in the house asking the other boys to scatter away. Those boys included Mohan Singh, P.W. 1, Hridyanand, P.W. 2 and Akhilanand, P.W. 3. Despite there being asked to go away, still the boys resumed their play after a while. They then heard the cry of Vinod Kumar and by climbing a grilled window (jangla) of the house of