( 1 ) NARAIN has preferred this appeal against his conviction and sentence u/ss. 302, 201 and 295a, IPC to life imprisonment, seven years R. I and three years R. I. respectively passed by Sri N. N. Sharma, the then District and Sessions Judge, Moradabad on 13/03/1978.

( 2 ) THE facts of the case according to the first information report (Ex. Ka-l) submitted at police station Sambhal District Moradabad at 7 a. m. are that at 5-30 a. m. the informant, Akbar Ali (P. W. 1) had gone to offer prayer at the Jama Masjid as usual he had to remain standing outside the main door as the door was closed. There he met Ashfaq Hussain (P. W. 4), Ismail and other residents of the Mohalla who had also gone to offer prayers and when the door did not open they tried to get it opened and called the Mulla. When no response came from inside then one of them went up the roof and jumped inside and opened the door and then they all went inside. They saw about seven persons, five or six of them managed to escape. Inside the Masjid they found a dead body burning, and a person was trying to drag it. They caught hold of him and brought him to the police station; that the dead body was of Imam Sa