H. HOMBE GOWDA, J.

( 1 ) THESE two appeals are against the judgment dated the 7th November, 1956 of the Principal sessions Judge, Bangalore Division, in Bangalore Sessions Case No. 29 of 1956 convicting and sen tencing all the three appellants Govinda Reddy, Krishna and Muniswamy (Accused Nos. 3, 1 and 2 respectively in the trial Court) of the following, offences :-

(1) under Section 302 read with Section 34 of the Indian Penal Code on six counts and sentencing each of the appellants to the extreme penalty of law on each of those counts; (2)under Section 307 read with Section 34 of the Indian Penal Code and sentencing each of the appellants to undergo rigorous imprisonment for ten years; (3) under Section 457 read with. Section 34 of the Indian Penal Code and sentencing each of the appellants to undergo rigorous imprisonment for a period of ten years; (4) under Section 380 read with Section 34 of the Indian penal Code and sentencing them to rigorous imprisonment for a period of seven years and (5)under Section 392 read with Section 34 of the Indian Penal Code and under Section 397 of the indian-Penal Code on six counts and sentencing each of them to undergo rigorous imprisonment for a period of ten years on each of those six counts, on the allegation that these appellants broke into "ranga Vilas", the residence of Sri Belur Srinivasa Iyengar, on the night of 5th June, 1956 and committed robbery after committing murders of Ramalingarn, Vengadamma, Singamma, lava, Kusha and Belur Srinivasa Iyengar and causing grievous injuries to Rangalakshmi, daughter of Belur Srinivasa Iyengar with the intention of causing her death. All the sentences of imprisonment awarded to the appellants have been directed to run concurrently. The learned Principal Sessions Judge has submitted the proceedings of the case for confirmation of the death sentences awarded to the appellants to this Court under Section 374 of the Code of Criminal Procedure.

( 2 ) THE material facts are these Belur Srinivasa Iyengar, a rich Advocate of this Court was-residing with the members of his family in a building known as "ranga Vilas" situated in the heart of Gandhi Nagar Extension in Bangalore City. He had given up his practice on account of his old age and was leading a retired life. He was getting an income of Rs. 1,500 per mensem as rent from the shops and other buildings situated in Gandhi Nagar. The, members of the family, particularly the womenfolk had got a large number of articles of jewellery prepared for their personal use on occasions. Many of the valuable jewels had been deposited in the two iron safes and other receptacles kept in the store-room or the treasury room of the house. Belur Srinivasa Iyengar, his second wife Vengadamma his daughters rangalakshmi, Ratna and Prasaima his sons Lava and Kusha and his-mother-in-law Singamma were all the persons of the family living in "ranga Vilas" in June 1956. Belur Srinivasa Iyengar had a son by name Muthanna by his deceased first wife. He was insane and had therefore been kept in a room constructed for him in the compound and was not residing in the bungalow with the other members of the family. A servant by name rama-lingam had been engaged by Belur Srinivasa Iyengar and he was sleeping in the verandah of the house during nights to keep watch. On the night of 5th June, 1956 all the members of the family took their food as usual and retired to bed at about 10 P. M, Belur Srinivasa Iyengar had sustained a fracture due to a tall some days prior to 5th June, 1956 and was confined to bed and therefore he was served with food on his bed on the night of 5th June, 1956. He was sleeping in a room just adjoining the hall by the side of the Verandah out a cot. Vengadamma, her sons Lava and Kusha, her daughter Rangalakshmi and her mother Singamma were sleeping in a room adjoining the bed room of Belur Srinivasa Iyengar on three cots which had been kept close to each other.-The door between the hall and the bed room of Veng

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