Judgment

SHELAT, J.:- This appeal, by special leave, is directed against the order of conviction and sentence of death passed against the appellant by the Sessions Judge, Fatehpur under S. 302 of the Penal Code and confirmed by the High Court, Allahabad. The relevant facts leading to the trial of the appellant on the said charge of murder are as follows:

2. One Chandra Bhushan, a resident of village Muraon, District Fatehpur died several years ago leaving behind him his widow, the deceased Phoolmati, four daughters, all of whom were married during his life time and about 125 bighas of land under his cultivation. The appellant was married to one of the said four daughters, Mst. Dhanpat some twenty years before the incident in question. The youngest of these daughters, wit. Lakshmipati lost her husband within five or six months of her marriage, and then started living with her mother, the deceased Phoolmati. With a view to provide for her daughter; Mst. Phoolmati transferred seventy bighas of the said lands in the name of wit. Lakshmipati. That was about sixteen or seventeen years before the incident. Some two or three years before the incident consolidation proceedings commenced in Mu