Judgment

DUA, J. :- Nanhey, appellant, has appealed to this Court by special leave from his conviction under S. 302, I.P.C. and sentence of death imposed by the Additional Sessions Judge, Moradabad and confirmed by the Allahabad High Court.

2. The deceased Smt. Malado, wife of Chunnu, a rickshaw puller, used to live with her husband in the out-houses in railway quarter no. T-71, Railway Colony, within police circle Kotwali, Moradabad. She was a sweeper by caste and her husband used to ply rickshaw. They had a daughter by name Ku. Shanti, aged about 15 years, who, also lived within them in the same quarter. Smt. Malado was in the employment of one Shri Andrews who occupied a portion of the railway Kothi T-71, Railway Colony and it was as a result of this employment that she and her husband were allowed to occupy one of the servants quarters in that Kothi with Shri Andrew s permission. To the south of the quarter occupied by Smt. Malado was the quarter of one Babu whereas to the north of her quarter was the quarter occupied by Nanhey, appellant, also a sweeper by caste but a railway employee. Munna, P.W. 1, brother of Chunnu used to come to Malado s quarter every day at about lunch ti