Judgement

RAGHUBAR DAYAL, J. : Ram Singh appeals, by special leave, against the order of the Allahabad High Court dismissing his appeal and confirming his conviction and sentence of death, under S. 302, I. P. C., by the Sessions Judge, Etawah.

2. The prosecution case, in brief, is that due to enmity, the appellant caused injuries to Sheo Sahai, who was sleeping in his cattle shed in village Bahadurpur Ghar, with a sword at about midnight on the night between June 14-15, l960. Sheo Sahai died of the injuries received. The appellant thereafter proceeded to the Canal Distributory at some distance from the village and had a bath there. Later on, he went to the Police Station, Ekdil, nine miles away, and lodged a report. He delivered the sword which has been found by the Serologist to be stained with human blood. The appellant was taken in custody and as a result of the investigation was sent up for tribal.

3. The appellant denied the allegation that he had caused the death of Sheo Sahai and alleged that he was falsely accused of the offence. He also denied the other allegations for the prosecution. He alleged that one Paley Singh informed him about the murder of Sheo Sahai and asked him t