( 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 referen