The court considered the absence of a proven motive, the nature of the attack, and the appellant's conduct after the incident to determine the appropriate sentence.

( 1 ) THIS is an appeal by Jan Mohammad who has been convicted under Sections 302 and 307, i. P. C. by the Civil and Sessions Judge of Mirzapur. For the former offence he has been sentenced to death and for the latter to undergo seven years rigorous imprisonment. The usual reference under Section 374 of the Cri. P. C. for the confirmation of the death sentence is also before us.

( 2 ) LEARNED counsel for the appellant did not question before us the correctness of the conviction of the appellant for both the offences. He also did not challenge the main findings recorded by the learned Sessions Judge against he appellant. On a perusal of the record the conviction appears to be perfectly justified. Though an attempt was made at the trial Court to make some of the witnesses to go back on their earlier statements, there can be no doubt that the Sessions Judge was right in his findings that on the 1st May 1961 at about 8 a. m. the appellant Jan Mohammad went to the house of Arshuddin Khan deceased. Smt. Nazbeen, the daughter of the deceased, was also there at the house. There was some talk between the appellant and the deceased. The appellant then struck the deceased with a knife which he carried and hit him on the chest. Smt. Nazbeen, the daughter of the deceased, wanted to intervene and to save her father. She threw a burning piece of wood at the appellant. On her doing so the appellant struck her also the knife which he was carrying. The appellant then left the place. The appellant was later found sitting by a nala nearby. He was caught and taken to the thana with the knife with which he had caused injuries to the deceased and his daughter.

( 3 ) THE post-mortem examination of Arshuddin Khan disclosed an incised punctured wound 11/4" x 3/4" ex (sic) chest cavity running transversely and obliquely on front of left side chest 31/2" below the nipple. The injury was sufficient in the ordinary course of nature to cause death and had been caused by a knife. The injury found on Smt. Nazbeen was an incised punctured wound measuring 11/4" x 1/2 ex pleural cavity. It was a grievous injury and had also been caused by a sharp-edged weapon like a knife.

( 4 ) ACCORDING to the prosecution both the appellant and Arshuddin were Afghans who were working as labourers for breaking stones into ballasts. Smt. Nurjahan was the wife of Arshuddin, smt. Nazbeen was the daughter of Smt. Nurjahan by her previous husband. Smt. Nazbeen was married to Karim Khan. Differences had, however, arisen between Smt. Nazbeen and Karim khan and the former was on account of those, differences living with her mother and step-father arshuddin. There had been some proceedings about divorce between Karim Khan and Smt. Nazbeen. According to the latter she had been divorced by Karim Khan but this allegation was not accepted by Karim Khan. The case of the prosecution was that the appellant was an aspirant for the hand of Smt. Nazbeen and had approached Arshuddin for that purpose, but Arshuddin had not accepted his request on the ground that the matter of divorce between Smt. Nazbeen and her husband had not been finally settled. The appellant resented this. It was also urged that on the date of the occurrence the appellant had gone to the house of Arshuddin armed with a knife. Arshuddin was sitting at his door waiting for the bus to go to Chopan. The appellant told him that he too was going to Chopan and requested Arshuddin to go with him on foot to that place. Arshuddin, however, said that he was not well and did not want to go on foot and that he was waiting for the bus. Some hot words were then exchanged and the appellant struck Arshuddin with his knife. When Smt. Nazbeen wanted to intervene he struck her also. The learned Sessions judge has held all these allegations to be proved.

( 5 ) BEFORE Arshuddin died his dying declaration had also been recorded. The dying declaration was in these words:

"today at about 8 A. M. I was preparing to come to Chopan dispensa