Judgment

DUA, J. :- This is an appeal by special leave from the judgment and order of the High Court of Judicature at Allahabad dismissing Abdul Ghani, appellant s appeal from the judgment of the Additional Sessions Judge, Aligarh, convincing him under S. 302, I.P.C. for the murder of Ahmad Husain and sentencing him to death. The High Court confirmed the sentence imposed by the trial Court.

2. The appellant used to reside at Aligarh and the deceased Ahmad Husain in the village Chakhatal, police station Atrauli, District Aligarh. They were distantly related to each other, the appellant s wife being the daughter of the brother of the deceased Ahmad Husain s wife. The appellant had come to reside with the deceased about 3 months prior to the murder in question. The appellant, it appears, developed illicit intimacy with the wife of the deceased. When the deceased came to know of this intimacy he got annoyed with the appellant and asked him to leave his house but, it is said that, the wife of the deceased intervened, and the appellant continued to live in the house of the deceased. This happened about 7 or 8 days before the murder in question. The appellant and the deceased were both engaged in the business of selling gola (copra) and misri (sugar candy) and they used to go from their house in the morning for selling gola and misri and return in the evening at about 6 or 6.30 p.m. On July 21, 1969 Ahmad Husain, deceased, as uaual, went out on his usual business of selling gola and misri at about 6 or 7 a.m. The appellant did not accompany him on that day. The deceased did not return home in the evening and this naturally caused anxiety to the members of his family. After waiting for his return till about 8.30 p.m. Chaman, son of the deceased aged about 14 years, went to the house of his uncle Hamid (a first cousin of the deceased) and informed him about this fact. Hamid promised to make a search for the deceased the following morning, as it had by then grow dark. Chaman accordingly returned to his house. The following morning the son again went in search of his father. When he reached the bank of the river Neem he found lying there a pair of scales and a weight belonging to his father. Leaving the weight there he took the pair of scales with him to Hamid and told him that the said pair of scales had been found at the river bank. They both then took Liladhar, chowkidar of the village along with them towards the river. The pair of scales was placed at the spot from where it had been found. The three persons then entered the river and found the dead body of Ahmad Husain lying at its bed. The water in the river was only knee-deep at that place. They took the dead body out. The chowkidar and Chaman were sent to the Pradhan of the village, Hamid himself staying with the dead body. When the Pradhan came to the spot he asked Hamid to go to the police station Atrauli for lodging the report. Hamid accordingly went to that police station on a bicycle and lodged the report about the occurrence at about 10 a.m. The police station was at a distance of 8 miles from the place of occurrence. In this report there was no mention of the appellant, apparently because till then neither Chaman nor Hamid suspected him of complicity in the murder. When Chaman returned to his house he found Abdul Ghani, appellant, present. Abdul Ghani was looking somewhat restless and perturbed. This excited Chaman s suspicion. He, therefore, decided to inform the Pradhan of the village about the appellant s behaviour. The Pradhan on getting this information accompanied Chaman to the house of the deceased. On the way he met Malkha Singh and Roshanlal whom also he took along with him. The appellant, on seeing these persons, tried to run away but was captured by them. He was found to have a cut mark on his right hand and an abrasionon his left leg. When questioned as to how he had sustained these injuries he said to have replied that it had happened while he was striking the de