Judgment

GUPTA, J.: - The appellant has been convicted under Sec. 302 of the Indian Penal Code for the murder of his sister s husband and sentenced to death by the Sessions Judge, Shahjahanpur. He has been further convicted under Section 449 of the Indian Penal Code and sentenced to rigorous imprisonment for five years; the sentence under Section 449 of the Indian Penal Code, as the. Sessions Judge directed, was not to be carried out in case the death sentence was confirmed The accused appealed to the High Court at Allahabad and the High Court heard the appeal along with the reference made by the Sessions Judge for confirmation of the death sentence. On a consideration of the material on record the High Court dismissed the appeal and accepted the reference. In the instant appeal by special leave the accused appellant questions the correctness of the Judgment of the High Court.

2. The appellant s sister Tej Kumari was married to one Joti of village Gopalpur. The prosecution case is that the appellant was a frequent visitor to the house of his brother-in-law Joti from whom he quite often used to demand financial assistance. A case under Sec. 326 of the Indian Penal Code had been starte