B. MUKERJI, J. ( 1 ) APPEAL No. 9 of 1959 is by Pearey against his conviction under Section 396 I. P. C. and a sentence of imprisonment for life awarded to him by the First Additional Sessions Judge of shahjahanpur. Appeal No. 148 of 1959 is by Khanzadey Singh against his conviction by the same learned Judge at the same trial at which Pearey was convicted, under Section 396 I. P. C. and a sentence of death. There is the usual reference by the learned Judge for the confirmation of the sentence of death awarded by him to Khanzadey Singh.

( 2 ) THE facts giving rise to the aforementioned two appeals lie within a short compass and may briefly be stated as follows:-

( 3 ) ON the night between the 10th and the llth of April, 1958, a band of 20 or 25 men broke into the house of one Balbir Sahai, while they were arm-ed with firearms and other weapons, and thereby the use of a firearm caused the death of Ram Bharosey, brother of Ballbir Sahai, Dwarka pasad, his uncle, Kumari Urmila Devi, his daughter, and Shyam Lal, a neighbour of his. Some of the other inmates of the house of Balbir Sahai were also injured. These were Srimati Girja Devi, the wife of Ram Bharosey, Srimati Sita Pyari, the wif

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