JUDGMENT

JASWANT SINGH, J.:— This appeal by special leave is directed against the Judgment and Order dated April 15, 1976 of the Allahabad High Court (in Criminal Appeal No. 2489 of 1975 and Reference No. 64 of 1975) confirming the conviction of the appellant under S. 302, I. P. C. and the sentence of death imposed on him thereunder for intentionally causing the death of his own son named Gorakh Prasad aged about 30 years, on the night between September 1 and September 2, 1974, in the field of Phool Chand Lonia on the outskirts of village Patra Tola Fakirahna within the jurisdiction of Police Station Pipraich, District Gorakhpur.

2. The story as put forth by prosecution was as follows:

The appellant who belongs to village Patra, District Gorakhpur was employed at the relevant time as Daftary in the D. A. V. College, Gorakhpur. About a year and a half, before the occurrence, the deceased who was a Peon in the same institution gave up service at the instance of the appellant and set up a tea-stall in a portion of the shop of P. W. Bharat Lal in front of the College. He was assisted in the management of the Shop by his younger brother P. W. Dinesh. Smt. Kapoora whom the deceased married about two years before the date of the occurrence resided in a separate portion of the house belonging to the appellant in village Parta which is about 14 miles from Gorakhpur. The deceased used to accompany the appellant every evening to his village and to return to Gorakhpur next morning. Some two months before the occurrence the appellant who was a widower started casting evil-eyes on Kapoora and making indecent overtures to her. He would often talk in disparaging terms to Kapoora about the deceased and tell her that she would have a comfortable and happy life if she agreed to live with him. Once when Kapoora was alone in the house, the appellant went near her cot at about 9 or 10 p.m. and caught hold of her hands with a view to commit criminal assault on her but she hurled abuses at him and succeeded in extricating herself by pushing him aside. About 4 or 5 hours later on the same night, the appellant made another attempt to have sexual intercourse with Kapoora but the latter foiled the same by putting up stout resistance, whereupon the appellant inflicted an injury on her nose with a knife. Kapoora complained about the misbehaviour of the appellant to her brother-in-law Dinesh as also to her husband when the latter came to the village whereupon the deceased strongly protested to his father but to no avail. With a view to implement his evil designs on Kapoora, the appellant often suggested to the deceased not to return to the village every evening as that would be detrimental to his business. The appellant also occasionally reprimanded and beat the deceased for not heeding his advice in the matter of his visits to the village. During the absence of the deceased from his village the appellant persisted in his attempts to have illicit intercourse with Kapoora. On one night the appellant became so desperate that he told Kapoora that he would have illicit intercourse with her at any cost. Feeling insecure, Kapoora slipped away and took refuge in the house of a neighbour and came back therefrom after a day and a half when her husband returned to the village from Gorakhpur. This time the deceased did not take things lying down and disclosed the nefarious designs of his father on Kapoora to his relatives and acquaintances whereupon the appellant felt humiliated and annoyed. On August 29, 1974, the appellant pressurised Kapoora and the deceased to write letters Exhibits Ka-2 and 3 expressing regret and admitting therein that the complaints made by Kapoora to the deceased about the misbehaviour of the appellant were false. On the evening of September 1, 1974, the appellant left Gorakhpur for his village Patra along with the deceased who was at that time wearing Pyjama Ext. 2, striped underwear Ext. 4, red langot Ext. 3 and shoe Ext. 1. On the way to the