JUDGMENT

SARKARIA, J.:—The appellant was tried and convicted by the Additional Sessions Judge, Kamaon, under 654 Section 302, Penal Code, for the murder of Smt. Nikki and sentenced to death. He was further convicted under Section 302 (sic) (307?) Penal Code for the attempted murder of Mehlu, PW 3 and sentenced to three years rigorous imprisonment. He was also convicted on two counts under Section 324, Penal Code for causing hurt to David PW 2 and Smt. Siraji and sentenced to one year s rigorous imprisonment. The High Court of Allahabad dismissed his appeal and confirmed the death sentence.

2. Hence this appeal by special leave limited to the question of sentence.

3. The prosecution story ran as follows:

Hansa, P.W. 1, and David P.W.2, are brothers and the deceased was their sister. Mehlu, PW 3, is the husband of the deceased. He is the son of the brother of the appellant; P. Ws. 1 and 2 used to reside in Nausar Catholic Farm, while PW 3 was living at the Daah Farm, both within the territorial jurisdiction of P.S. Khatema.

4. For about two years preceding the occurrence, the appellant had illicit connection with the deceased. The appellant was anxious to marry her. But her parents did