V. BHARGAVA, J.

(1) APPELLANTS Bhusai alias Mohammad Mian and Mohammad Ibrahim were prosecuted for an offence under Section 302, read with Section 34 of the Indian Penal Code for committing the murder of one Abdul Haq Ansari on the night between 9th and 10th of August, 1965. The Sessions Judge, who tried the appellants, acquitted both of them. The State filed an appeal in the High court of Allahabad. The High court disagreed with the Sessions Judge, allowed the State appeal, and convicted both the appellants. Bhusai was sentenced to death under Section 302, read with Section 34) Indian penal code, while Mohammad lbrahim was sentenced to imprisonment for life under Section 302, read with Section 34, Indian penal code The High court granted a certificate to Bhusai under Article 134(1) (a) of the Constitution and to Mohammad lbrahim under Article 134 (l)(c). This appeal has been filed by the two appellants on the basis of these certificates.

(2) THE prosecution case was that appellant Mohammad lbrahim was living in a house belonging to Abdul Sattar, father of the deceased Abdul Haq, and had constructed a verandah in the front portion of the house. The house occupied by M