JUDGMENT

SARKARIA, J.:—This appeal is directed against a judgment of the High Court of Rajasthan.

2. The appellants Chandmal and Ranglal were tried by the Sessions Judge, Pratapgarh in respect of 918 offences under Sections 302, 201 and 411, Penal Code. The Judge convicted Chandmal under Section 302, Penal Code, for committing the murder of Mst. Nazar Bai and sentenced him to imprisonment for life. He further convicted him under Section 411, Penal Code, as a dishonest receiver of stolen property of the deceased and sentenced him to one year s rigorous imprisonment. He was convicted under Section 201, Penal Code, also, but no separate sentence was passed on that count. Ranglal was acquitted of the charges under Ss. 302 and 201, Penal Code but was convicted for an offence under Section 411, Penal Code and sentenced to one year s rigorous imprisonment. The High Court dismissed the appeal of the convicts. Hence this appeal by special leave.

3-4. The prosecution story, as it emerges from the record, was as follows:

Mst. Nazar Bai, an old widow was residing alone and separately from her son, Shankar Lal, P. W. 11 in the town of Chittor. On Karwa Chauth day, the 24th October, 1964, at about 4.30 p. m. her cousin, Ram Chandra, P. W. 23, who was also residing in Chittor, sent his daughter, aged about 10 years, to the house of Mst. Nazar Bai, to extend an invitation that she should on that auspicious night dine at his house. Accordingly, Ramchandra s daughter went to Mst. Nazar bai and communicated the message, Mst. Nazarbai gave two paisas as a token of affection to the girl saying that she would be pleased to dine at her house. Chandmal appellant who was present there, as usual, to do knitting work, remarked that 2 paisas were valueless. Thereupon, Nazar Bai gave some Makhana (sweets) to the girl. This happened in the presence of Smt. Naini Bai, P. W. 9, and Smt. Madan Bai, P. W. 2, who often used to do knitting and embroidery work at the house of Nazar Bai. Sometime thereafter, at 5 or 6 P. M. Mst, Nazar Bai locked her house and went away. Appellant Chandmal followed her. Nazar Bai had not been seen alive thereafter.

5. On October 31, 1964 at 10.30 p. m. Shankarlal lodged a report (Ex. P-1) at Police Station, Chittor that his mother was last seen on Karwa Chauth proceeding from her house for the house of her maternal cousin, Ramchandra. and had not been seen thereafter. From enquiries made, the informant learnt that she had not reached the house of Ram Chandra.

6. There was no mention of the appellant in this report. On the basis of this report, the Station House Officer on December 2, 1964, registered a case under Section 364, Penal Code, that Nazar Bai was suspected to have been abducted with the intention to cause her death, and to deprive her of ornaments and valuables.

7. Lal Singh, S. H. O. (P. W. 32) visited the house of the deceased on 3-12-1964, for investigation. There, Shankar Lal produced before him the lock (Ex. 41), which was seized vide Memo Ex. P. 3. The Investigating Officer checked the valuables in the house. One of the boxes in the house was found to contain Rs. 700/- in cash and gold ornaments, weighing 10 tolas. No report about the theft or disappearance of any gold ornaments or other movable property from the house of the deceased was ever made by Shankarlal PW, or anybody else. Nor did the investigating officer register any case of theft on the basis of facts found during investigation.

8. On October 7, 1966, about two years after the disappearance of the deceased, Police Sub-Inspector Bansi Lal (PW. 34) saw a man, dressed like a female going on Chittor Fort. On suspicion, the Sub-Inspector arrested that man under Section 55/109, Cr. Procedure Code. He was Chandmal appellant. From a search of Chandmal s person, the Sub-Inspector seized a bunch of Keys (Ex. 42) and prepared the seizure memo Ex. P. 26. The Sub-Inspector then proceeded to search the house of Chandmal. At about 11.30 a. m. when the search was in pr