Judgment

TULZAPURKAR, J. :- The appellant- accused was sentenced to death by the Second Temporary Civil and Sessions Judge, Kanpur under S. 302 I. P. C. for committing the murder of his uncle Phool Chand in Sessions Case No. 279 of 1972 on November 25, 1972, which conviction and sentence were confirmed by the Allahabad High Court in Criminal Appeal No. 3336 of 1972 and Reference Case No. 128 of 1972. He has challenged his said conviction and sentence in this appeal by special leave granted on December 2, 1975.

2. The incident during the course of which Phool Chand was assaulted by the appellant-accused with a Karauli inflicting numerous injuries is said to have taken place on March 16, 1972, at about 6.00 P. M. in the 8-Biswa field of Phool Chand in village Bhagwantpur and the motive for the assault was property dispute. Briefly stated the prosecution case was that deceased Phool Chand, whose only daughter had died some 16/17 years ago, had brought his son-in-law Salig Ram and three grandsons Babu, Chote Lal and Raghuraj (P. W. 1) to his village Bhagwantpur and they were living with him. About 10 months prior to the occurrence Phool Chand had executed a gift deed (Ex. Ka-27) in respe