Judgment

S. K. DAS, J. : The learned Sessions Judge of Mathura convicted Charan Singh appellant herein, of killing Sarjiti, a girl aged 10 or 12, in her house in village Anta-ki-Garhi, police station Sadabad, in the district of Mathura, on November 20, 1957 in the morning, and sentenced him to death. There was another charge under S. 380, Indian Penal Code, against the appellant for committing theft of certain ornaments, but of this charge the learned Sessions Judge acquitted him. There was the usual reference to the High Court of Allahabad for confirmation of the sentence. The appellant also filed an appeal. These two were heard together and by its judgment dated July 29, 1958 the High Court dismissed the appeal, accepted the reference and affirmed the conviction and sentence. From this judgment the appellant moved by way of special leave and on December 15, 1958 this Court granted special leave to the appellant. The present appeal has been filed in pursuance of such leave.

2. Sarjiti was the daughter of one Atar Singh by his first wife. Atar Singh lived in village Anta-ki-Garhi, police station Sadabad. After the death of his first wife, he married Ram Siri, sister of his first wife