Judgment

FAZAL ALI, J. :- This appeal by special leave is directed against the judgment of the High Court of Allahabade dated 3-3-1970 by which the High Court has upheld the conviction of the appellants Nathu and Swanti under S. 201 of the Indian Penal Code and the sentence of nine months imposed on them. The Judgment of the courts below contain the detailed narrative of the prosecution case. It appears that on the 16th October, 1967 accused Siya Ram, who is not before us, had given a beating to his wife as a result of which she died. Siya Ram was convicted under S. 325 and sentenced to three years R.I. but his special leave petition was dismissed and leave was granted only to the appellants Nathu and Swanti. The appellants are stated to have carried the dead body of the deceased Mahadevi to the cremation ground for the purpose of cremation. There is absolutely no direct evidence to show that either of the appellants was present at the time when the beating was being given by Siya Ram to his wife. Nor was there any circumstantial evidence to show that Mahadevi had been killed by her husband in the presence of or to the knowledge of the appellants. According to the learned Sessions J