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 enga