Judgment

ALAGIRISWAMI, J. :- This is an appeal by special leave against the judgment of the High Court of Allahabad confirming the sentence of death passed on the appellant by the learned Sessions Judge, Moradabad.

2. On the night of 14th/15th June, 1969 Kartar Singh the son of Smt. Moonga, was murdered in the village Karthala, in the district of Moradabad. Her husband, Faqira, had disappeared some time earlier and she had developed illicit intimacy with the appellant, a resident of the village of Pachkaura in the same district. Some time later appellant s brother, Charan Singh, was brought in by the appellant to assist him in cultivating Smt. Moonga s land. Smt. Moonga is said to have developed illicit intimacy with Charan Singh and the appellant was suspected of having murdered Charan Singh in the year 1968. The appellant is then said to have formed an idea of doing away with Smt. Moonga s only son, Kartar Singh, so that he could grab her property. Appellant s brother, Dharampal, who was a co-accused with the appellant in the present murder case but was acquitted by the Trial Judge, was also living with Smt. Moonga. On the 14th of June, 1969 the appellant went to his own village Pa