( 1. ) THIS judgment will also govern Criminal Reference No. 15 of 1973 and Criminal Appeal No. 1006 of 1973.

( 2. ) BIRSINGH, aged about 24 years, Onkar, aged about 22 years, and Nanhelal, aged about 17 years, were tried on a charge under Section 302 of the Indian Penal Code for committing the murder of Shri Mishrilal Singhai, an Advocate of Narsimhapur, on 2-1-1973. They were further charged under Section 201 of the Indian Penal Code for causing disappearance of the evidence of the said murder. Three other accused, namely, Girani, Annilal and Buttu, were also tried on a charge under Section 201 of the Indian Penal Code for causing disappearance of the evidence of the said murder along with the accused mentioned above. Girani, Annilal and Buttu were acquitted by the order of the learned Sessions Judge, Narsimhapur, dated 10-10-1973. Subsequently, vide judgment dated 19-10-1973 the learned Sessions Judge acquitted the accused Birsingh and Nanhelal but convicted the accused Onkar of an offence under Section 302 of the Indian Penal Code and sentenced him to death. Onkar has preferred this appeal against his conviction and sentence, while the Sessions Judge has made a reference for confirmation of the death sentence which has been registered as Criminal Reference No. 15 of 1973. The State Government, on the other hand, has preferred an appeal against the acquittal of the accused Birsingh and Nanhelal which has been registered as Criminal Appeal No. 1006 of 1973. Both the appeals and the reference were heard together and will be considered in this judgment.

( 3. ) THE deceased Mishrilal Singhai, aged about 41 years, was a practising advocate at Narsimhapur. He held some agricultural land which is situated at a distance of about two or three furlongs to the north of Narsimhapur. On the said land there was an orchard and a building which have been referred to as a bungalow in the evidence. About four years back, Sumerchand Jain (P. W. 8), brother of Smt. Chandabai (P. W. 1) wife of the deceased, engaged the accused Onkar to work on the agricultural land of the deceased as Bataidar. Some time after Onkar was employed by the deceased, Birsingh and Nanhelal, brothers of accused Onkar, also moved to Narsimhapur and started working for Singhai. All the three accused lived in a portion of the bungalow. Later on, the accused Birsingh got a job in a shop of sweets, while the accused Nanhelal took to rickhsaw-plying. So far the facts are not in dispute.

( 4. ) THE case for the prosecution is that the accused Onkar and Nanhelal used to pilfer the produce of the agricultural farm of the deceased and they did not also properly attend to the agricultural operations. Before Diwali of 1972 the accused Onkar and his brothers misappropriated the grain given to them for seed purposes and committed theft of husk during the absence of the deceased from Narsimhapur. The deceased, therefore, wanted to discharge the accused persons from his service and he conveyed this decision to them. On 2-1-1973 the deceased asked the accused Onkar at his residential house either to compensate him for the loss caused to him or face legal consequences. Onkar was not willing to compensate and he went away. At about 9. 30 a. m. Singhai left his house on a scooter informing his wife that he was going to the police-station to take steps against the accused persons. That was the last time he was seen alive by his wife.

( 5. ) SINGHAI went to Narsimhapur police-station and met Sub-Inspector Surendra Shrivastava (P. W. 18 ). He requested him to call Onkar and his brothers and reprimand them for misappropriating the farm produce. Singhai was asked to lodge a report; but he went away saying that he would lodge a report afterwards as he was in a hurry. There after, Singhai was seen on his scooter at his bungalow by Vimalimar (P. W. 17) at about 10. 00 a. m. Singhai was not seen alive thereafter by any one.

( 6. ) SINGHAI did not return to his house, his wife Smt. Chandabai (