( 1 ) THE accused appellant Banshilal son of Biharilal, has been convicted by the additional Sessions Judge, Bhilsa (Camp Rajgarh), for the murders of Banwari, aged 22 years, and his mother, Mst. Bhanwari Bai, under Section 302, and, sentenced to death. The learned Additional Sessions Judge has sent the case to this Court under Section 374 of the Code of Criminal Procedure for confirmation of the death sentence and it is registered as Criminal Case No. 2 of 1957. The accused has also filed an appeal (Criminal Appeal No. 43 of 1957) against his conviction and sentence. Both the cases are being disposed of by a single judgment.

( 2 ) THE story sought to be proved 'by the prosecution is that Ishwar Maharaj and accused Banshilal are uncle and nephew and that they both lived in their ancestral house in village Barkheda. They also possessed ancestral land measuring about 7 1/2 Bighas. This land was partitioned between the uncle and the nephew about 25 years back. Ishwar Maharaj had no issue and the expectation of Banshilal was that on his death this property will devolve upon him as his legal heir. But Ishwar Maharaj was not favourably inclined towards Banshilal and wanted