Hidayatullah M. C.J.I.

(1) THE appellant Bharat has been convicted under S. 302 of the Indian Penal Code and sentenced to death by the Sessions Judge, Gorakhpur and his conviction and sentence have been maintained by the High court of Allahabad. He appeals to this court by a special leave.

(2) ON the night following 10/12/1967, between the hours of 7 and 10 p.m., in Mohalla Basharatpur, P. S. Cantt. Gorakhpur, three persons were murdered. They were Sheo Dhan, Smt. Bhagwani and Din Dayal The appellant is the son of Sheo Dhan and Smt. Bhagwani and Din Dayal was his brother. The appellant was charged with the commission of these offences and has been found guilty and sentenced to death. Sheo Dhan had four sons. Of these, deceased Din Dayal was the youngest. Besides the appellant Bharat, there were two other sons Ram Bilas and Mahadeo. Din Dayal used to live with the parents in the family house at Basharatpur. Ram Bilas was also staying in the family. Mahadeo was residing in another house opposite Murarka Mills where he had a shop. Bharat used to live with Mahadeo. Mahadeo and Bharat were married. Mahadeos wife had given birth to a child a few days before the occurrence a