JUDGMENT

SARKARIA, J.:— The appellant, Har Dayal, aged 26 years, was tried and convicted for the murder of Rajendra, a boy of 10 or 11 years, by the Sessions Judge, Orai and sentenced to death. He was also convicted on the allied counts under Sections 364 and 201. Penal Code, and sentenced to 4 years and 2 years rigorous imprisonment, respectively. Hardayals appeal has been dismissed by the High Court of Allahabad, and the sentence of death awarded to him, has been confirmed. He has now come in appeal before us by special leave under Article 136 of the Constitution.

2. The facts of the prosecution case, as they emerge from the record, are as follows:

Lok Chandra (P. W. 13), is a resident of Karyana, Kuli Bazar, Kanpur. His mother, Muniya Devi (P. W. 4) and father, Budhi Lal, (since deceased) have been residing separately from him in Kakori Mohalla, Kanpur. Smt. Shanti (P. W. 12), the sister of Lok Chand was married to the appellant sometime in June 1070. The appellant was given to wine and gambling. He frequently beat and maltreated Smt. Shanti. Consequently, she started living with her parents at Kanpur. The appellant made several attempts to take her back to Konch where he was resi