Judgment

SARKAR, J. : This appeal is entirely without substance.

2. The appellant was convicted by the Sessions Judge of Budaun for the murder of one Ram Bharosey on 15-11-1957, by giving him "peras" (sweets) containing arsenic, to eat, and sentenced to death. On appeal the conviction and sentence were confirmed by the High Court at Allahabad. The appellant has now appealed to this Court with special leave.

3. Ram Bharosey was the cousin of the appellant. About noon on 15-11-1957, Ram Bharosey went to his field to graze cattle. His sister Chameli followed him a little later. On reaching the field Chameli took charge of the cattle and Ram Bharosey began to scrape grass. Sometime in the afternoon the appellant came to Ram Bharosey in the field from the side of the river Ganga and told him that he had brought "prashad" of Gangaji and gave him three "peras" to eat. Ram Bharosey took the three "peras". This took place in the presence of Chameli. One Bikram who was grazing cattle nearby, also saw the appellant giving "peras" to Ram Bharosey. Both Chameli and Bikram asked the appellant for "prashad" for themselves but the appellant told them that he had no more "prashad" to give. Thereafter