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(2) Briefly stated, the case for the prosecution is as follows ; - The deceased Faqir Chand Soni was, the Principal of the Commercial College situate in Park Mansion, Darya Ganj Delhi The appellants were working in that college as peons. The appellant Jai Singh entered service earlier. It was at his instance that appellant Prem Singh was appointed by the deceased. On August 9, 1965, the deceased gave to appellant Jai Singh a sum of Rs 42.00 for purchasing ghee for him from Delhi Municipal Co-operative Stores. But Jai Singh returned after a considerable time and reported that no body had picked his pocket and had robbed him of the afore mentioned sum of Rs. 42.00. The deceased did not believe that version. Therefore he asked Jai Singh to show his pocket. At that stage, Jai Singh changed his version and told the deceased that the amount in question had fallen out of his pocket. Then the deceased took Jai Singh to task and reprimanded him. At that time Jai Singh began to behave rudely towards the deceased. This attitude of Jai Singh made the deceased to complain against him to the police. On that complaint Sub-Inspector Kundan Lal came to the premises, where the deceased was running his college, and took into custody Jai Singh. For a time he was kept under confinement. Thereafter, he was challaned under section 107/151 of the code of Criminal Procedure The Court released Jai Singh on bail. On the entreaties of Jai Singh, the deceased re-employed him on August 19,1965, and thereafter he continued to work in the office of the deceased. But all the same Jai Singh enmity towards the deceased, and on August 30, 1965, the two appellants conspired to murder him and accordingly on that evening, after the students and the staff left the premises, they strangled him to death put his dead body in his office room, closed the same and bolted it and locked the two rooms in front of it. Thereafter they came downstairs and sent away on false pretexts Public Witness .28 Man Bahadur, the Chaukidar attached to the college, and Public Witness . 29 Ram Singh, one of the peons attached to that college. After doing so, they left Delhi and absconded till they were arrested several months thereafter. In the early hours of the morning, the wife of the deceased, seeing that her husband had not returned home in the night, sent her son Public Witness . 23 Jugal Kishore and a neighbour to find out where the deceased was. They discovered the dead body of the deceased in the office room.

(9) It is an admitted fact that Jai Singh was in the service of the deceased for several years prior to the murder of the deceased. It is also admitted that he was in his service till August 9, 1965.

(10) Evidence has been adduced to show that on August 9, 1965, the appellant Jai Singh was given Rs. 42.00 by the deceased for purchasing ghee, but Jai Singh came back and told that his pocket had been picked and the money in question had been stolen. Then the deceased asked Jai Singh to show him the pocket. At that stage, Jai Singh changed his version and told tlie deceased that the money had fallen from his pocket ; whereupon the deceased reprimanded him. Jai Singh, in his statement under section 342 of the Code of Criminal Procedure, has admitted all these facts. Evidence has also been led to show that at the instance of the deceased, Jai Singh was arrested and prosecuted and that later on he was released on bail, Jai Singh has admitted these facts. The facts, thus established, prima facia show that Jai Singh had reasons to be inimically disposed towards the deceased.