Judgment

S. K. DAS, J. : The learned Sessions Judge of Rae Bareli tried the appellant Prabhu on a charge of murdering his own uncle and found him guilty of the offence and sentenced him to death. There were an appeal to the High Court and the usual reference for confirmation of the sentence of death. The High Court dealt with the appeal and reference by one judgment. It accepted the reference, dismissed the appeal and confirmed the conviction and sentence. The appellant then asked for and obtained special leave of this Court to appeal from the judgment and order of the High Court. The present appeal has come to us in pursuance of the leave granted by this Court.

2. Shortly stated the case against the appellant was this. Bhagwan Ahir, step-brother of the appellant s father Budhai, was a resident of village Bandi in the district of Rae Bareli. The appellant and his father Budhai lived in another village called Gulariya at a distance of about two or three miles from Bandi. Bhagwan had about four bighas of pasture land and seven bighas of cultivated land. He had no male issue. He had several daughters who were all married and resided at the places of their respective husbands. Bhagwan wa