Judgement

SHELAT, J.:- Appellant Rahman and his wife Zaibun were tried by the Sessions Judge, Gorakhpur, on charges among others of murdering by strangulation Jasoda the three year old daughter of P. W. 1, Bhagwati, and of stealing twelve silver chharhas from her person. The Sessions Judge convicted both of them under Sections 302/34, 369, 379 and 201 of the Penal Code and sentenced the appellant to death and his wife to life imprisonment in addition to various other terms of imprisonment. On an appeal filed by them, the High Court of Allahabad acquitted Zaibun, but confirmed the conviction and sentence passed against the appellant. This appeal, founded upon special leave obtained by the appellant, is against that judgment and order of the High Court.

2. Bhagwati and the appellant lived in the village Semra Khurd with their respective families not far from each other. The prosecution case was that on November 26, 1967 Bhagwati started for Madanpur, a village nearby at about 3 p.m. to purchase medicine for his ailing wife. At that time he noticed his daughter Jasoda playing outside the appellant s house with Sugheri, the daughter of Zaibun by her previous husband. On his return, Bhagw