Judgment

KHANNA, J. :- Rahim Beg (22) and Mahadeo (30) were convicted by Additional Sessions Judge, Rai Bareli under Sections 302, 376 and 404 Indian Penal Code and each of them was sentenced to death on the first count rigorous imprisonment for a period of 10 years on the second count and rigorous imprisonment for a period of one year on the third count. The conviction and sentence of the two accused were affirmed by the Allahabad High Court. The two accused have now come up to this Court in appeal by special leave.

2. Rahim Beg accused is a bachelor. At the relevant time he was a village chowkidar and had a cycle repair shop. Mahadeo accused has got wife and children and at the relevant time ran a betel shop. The two accused resided at the time of the present occurrence in Muraika Purwa, a small hamlet at a distance of 21/2 furlongs from village Amawan in district Rai Bareli. There are about 27 houses in that hamlet. Kesh Kali deceased who was aged about 12 or 13 years at the time of the present occurrence also resided in that hamlet with her father Ramjas (P.W. 1). Kesh Kali was married about six years before the present occurrence but her Gauna ceremoney had not so far been perfo