Judgment

BEG, J.:- The appellant before us by special leave, Sawal Das, his father Jamuna Prasad, and his stepmother Kalawati Devi, were charged with offences punishable under Section 302 Indian Penal Code simpliciter on the allegation that they had intentionally caused the death of Smt. Chanda Devi, the wife of the appellant, on 28-5-1965 in their house in mohalla Andi Gola in Muzaffarpur, in Bihar. The appellant Sawal Das, his father Jamuna Prasad, their motor driver Sita Ram, and either other persons were charged under Section 201 Indian Penal Code for having caused the disappearance of the body of Smt. Chanda Devi with a view to concealing the murder Furthermore, Smt. Kalawati Devi was charged under Section 302/109 Indian Penal Code for having instigated the murder of Chanda Devi. The trial Court had amended and converted the charges against the appellant and Jamuna Prasad and Kalawati Devi into those under Sections 302/34 Indian Penal Code and convicted each of them with the aid of Section 34 Indian Penal Code for the offence of murder and sentenced them to life imprisonment. It had also convicted the appellant and his father under Section 201 Indian Penal Code, but it did not