JUDGMENT

G. C. Mathur, J. - The appellants Paras Ram and Sadhu have been convicted by the II Temporary Sessions Judge, Hamirpur, under Section 302/34, I. P. C. and each has been sentenced to death for the murder of one Smt. Mannu alias Manni. They have further been convicted under Sections 201/34 and 394/34, I. P. C. and each has been sentenced to rigorous imprisonment for five years on each count. The appellants have preferred this appeal against their conviction and sentences and the Sessions judge has made a reference for the confirmation of the sentences of death passed against the appellants.

2. Appellants Paras Ram and Sadhu are related to each other and are said to be fast friends. Smt. Manni, the deceased, had three brothers, Sumera (P. W. i) , Kamla (P. W. 9) and Budia (P. W. 10) . She had an elder sister Suit. Tijiya who has a daughter Smt. Babboo (P. W. 6) aged about ten years. Smt. Manni was about 19 years of age and had been married about three years before the occurrence. About two months before the occurrence Smt. Manni had gone to her father-in-law's house for her gonna ceremony and after staying there for fifteen days had returned to her brother's house in village Mangrol Kalan. According to the prosecution, there was great friendship between the appellants and Budiya (P. W. 10) . They used to visit the house of the deceased frequently. Paras Ram had a goat which lie used to keep with the goats of Budia at the house of Budiya and used to go there every evening to fetch the milk of his goat. According to the prosecution case the two appellants developed illicit intimacy with Suit. Manni and she became pregnant by them. On July 23, 1967 about sun set time Smt. Manni and Km. Babboo (P. W. 6) were milking the goats at their house. After four goats had been milked and two remained to be milked. the two appellants came there and asked Smt. Manni to accompany them. Smt. Manni then asked Km. Babboo to milk the remaining two goats, went inside the house and brought out a small bundle and went away in the company of the two appellants. When Sumera (P. AN'. 1) came back to his house in the evening he found Suit. Manni missing. On enquiry, Km. Babboo informed him 'hat she had gone with the appellants. She also told him that the appellants told Manni that they would give her some medicine. The deceased was seen going with the company of the appellants the same evening towards the house of the appellants by Ram Kishun alias Gaddu (P. W. 4) and Babu Lal (P. W. 11) . The three brother, Sumera (P. W. 1) , Kamla (P. W. 9) and Budia (P. W. 10) searched for their sister in the village and at the houses of the appellants but could not find her. The house of the appellant Paras Ram was found locked and the mother of Sadhu told them that she did not know the whereabouts of Sadhu. The next day the three brothers first searched their sister in the neighbouring villages at the houses of their relations and at the houses of relations of the appellants but did not succeed in tracing either their sister or any of the appellants. On the third day i.e. on July 25, 1967 Kamla went to the house at the father-in-law of Smt. Manni and told him that Smt. Mannia had disappeared. He then came back to the village on the 26th. The same evening he went to police station Kulpahar and lodged a report under Section 498, I. P. C. mentioning the two appellants as the accused. The report was to the effect that the appellant Paras Ram used to come to his house to take milk and 'developed illicit intimacy with Smt. Manni, that on July 23, 1967 the appellants had taken her away on account of the illicit intimacy, that she had taken away jewellery worth Rs. 7001- and that several persons had seen her going with the appellants. The report mentioned the names of three persons as the witnesses, namely, Gadda, Babboo Slo Ram Dayal and Basanta. On July 27, 1967 Sumera (P. W. 1) met the appellant Sadhu in the village at the door of Lachman and asked him to tell the w