( 1 ) MANGI Lohar appeals against his conviction under Section 302, Penal Code and sentence of death. There is also before us the usual reference for the confirmation of the sentence of death. The incident which was the subject matter of investigation in the Court below related to the murder of two boys Rameshwar and Badri, aged about 15 and 10 years respectively on 18th december 1951 in the afternoon in village Bilgaon in police station Jalalpur in the district of hamirpur.

( 2 ) IT appears that the deceased were the daughters sons of Smt. Tulsia, an old widow aged 65 whose husband had left a tenancy holding, a house and some other property. She had sent for her two grandsons who used to live in another village to help her in cultivation and it is said that she intended that they should take all her husbands property after her death. Her husband had also left two nephews one of them was the appellant and the other was one Daya Ram. The prosecution case was that Mangi and Daya Ram did not like Smt. Tulsia calling her grandsons in the village for helping her in cultivation and allowing them to inherit the property after her death. Mangi and Daya Ram wanted that the prop