Judgment

RANGANATH MISRA, J. :- The appellant had been convicted under S. 302 I.P.C. and was sentenced to death by the learned Additional Sessions Judge, Chandigarh. The death sentence has been commuted to one of imprisonment for life by the High Court. The appellant was also convicted for offences under Ss. 364 and 201, I.P.C. but no separate sentences have been awarded either by the trial Court or by the High Court. This appeal is by special leave.

2. The appellant was tried along with three others and all of them were charged under Ss. 120B, as also 366, 368 and 376, I.P.C. Prosecution alleged that the appellant was having illicit relationship with PW 14, widow of Sardar Ali, the deceased and he intended to do away with Sardar Ali so that he could take PW 14 to his own house. On Oct. 15,1975, the appellant came to the house of Sardar Ali where PW 14 was present and suggested to the deceased that he may accompany him to Chandigarh for light refreshment. Appellant and Sardar Ali left for Chandigarh in the afternoon by cycle indicating to PW 14 that Sardar Ali would return by 8 or 9 P.M. They reached the general bus stand at Chandigarh and left the cycle at the stand. From there app