Judgment

KHANNA, J.:- Kali Ram (40) was tried in the court of Sessions Judge, Simla and Sirmur Districts for an offence under Section 302 Indian Penal Code for causing the death of Dhianu (60) and the latter s daughter Nanti (40). Charge was also framed against the accused under Section 392 read with Section 397 Indian Penal Code for having at the time of the occurrence committed robbery. The learned Sessions Judge convicted the accused under Section 302 Indian Penal Code and sentenced him to death. On appeal and reference, the High Court of Himachal Pradesh affirmed the conviction and the sentence of death. The accused thereafter came up to this Court in appeal by special leave.

2. The prosecution case is that Dhianu deceased was suffering from leprosy. This disease had resulted in partially destroying the hands and feet of Dhianu. For about a couple of months before the present occurrence, Nanti, daughter of Dhianu. had been staying with him in his house in village Amrahi. There was no other house near he house of Dhianu. Dhianu did business of money lending on the security of ornaments.

3. The accused. it is stated, is a previous convict having been convicted in cases under Section