( 1 ) NOORUDDIN has appealed against his conviction under Section 302 I. P. C. and the sentence of death He has been convicted for having stabbed to death his grand-mother Smt. Bachiran, his father Badrauddin, his mother Smt. Ashiya, his wife Smt. Sabira, and his minor daughter Km. Noor Bano aged about 10 years on the 10th of May, 1963 at about 3-15 p. m. in his own house in nala Mantole, Mohalla Rakabganj Agra City.

( 2 ) THE prosecution case is that there was a domestic quarrel between the accused Nooruddin and his rather Badruddin that afternoon in the course of which Nooruddin accused stabbed his father badruddin. When his mother and grandmother rushed to protect Badruddin, they were also stabbed. The accused then stabbed his daughter Km Noor Bano and to order to save the girl Smt. Sabira wife of the accused intervened and she was also stabbed. While all this was going on in the house, the other members of the house rushed out and made a noise. Their relations and neighbours then came at the scene. The accused was overpowered and a dagger (Ext. 1) was snatched from his hand. Arrangements were then made for carrying the injured to the hospital. While this was being