RAGHUBAR DAYAL, J.

( 1 ) BACHCHAN alias Doctor appeals against his conviction under Sections 147 and 302, read with section 149, I. P. C. He was sentenced to death for the latter offence and the learned Sessions judge has referred the case for the confirmation of the death sentence.

( 2 ) THE appellant, who was an agent for selling medicines, began to reside at the house of nainsukh in village Bakhrauli, P. S. Tathia, district Farrukhabad, from some time in the second week of June 1955. On the night between the 19th and 20th of June he, Nainsukh and Nainsukhs sons, Shiam Behari and Prem Baboo, slept on different cots outside the house and in front of it, nainsukh and the accused were found missing from their cots by Shrimati Raghbansi, wife of nainsukh, when she woke up and went out after midnight to look after the cattle. She did not suspect anything as her husband used to go away for days without informing her and as the accused too used to go away for days. When Nainsukh did not return in the morning search was made for him on the 20th and 21st of June. He was not found. On the morning of the 22nd of June Raghubansi learnt from certain children about the presence of a dead body

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