Judgment

FAZL ALI, J.:- This is an appeal by Maghar Singh by special leave against the order of the High Court dated February 12, 1974 confirming the conviction and sentence of death against Maghar Singh and sentence of life imprisonment on Smt. Surjit Kaur under Section 302 I.P.C. Both the High Court of Punjab & Haryana who have confirmed the conviction and sentence against the appellant as also the Sessions Judge have carefully scanned the evidence and it is, therefore, not necessary for us to detail the facts of the present case. We shall, however, give a brief resume of the prosecution case which resulted in the murder of Gurbux Singh resulting from lust and greed on the part of the appellant and Smt. Surjit Kaur.

2. Smt. Surjit Kaur was living with the deceased Gurbux Singh for about 9/10 years as his wife. The approver Baldev Singh, P.W. 11, was her pichhlagu son offspring from the first husband. What appeared to be a happy married life for quite a few years appears to have been subsequently disrupted by the entry of Maghar Singh accused who started clandestine visits to the house of the deceased 3/4 years before the occurrence and developed illicit intimacy with Smt. Surjit K