Judgment

CHANDRACHUD, CJI.:- A college going boy called Vijay Bhan Kishore was shot dead on the morning of November 2, 1976 near the Hathi Park, Dayanand Marg, Allahabad. The appellant was convicted for that offence under Section 302 of the Penal Code by the learned Third Additional Sessions Judge, Allahabad and was sentenced to death. The order of conviction and sentence having been confirmed by the High Court of Allahabad by its judgment dated August 23, 1978, the appellant has filed this appeal by Special Leave.

2. Vijay Bhan Kishore alias Pappoo was the son of an Advocate called Brij Bhan Kishore who died in about 1967 leaving behind a widow, three daughters and Pappoo. The youngest of the three daughters was married while the two elder were working as school teachers. Out of those two Ranjana Kishore was a teacher in the St. Anthonys Convent.

3. The appellant, Dudh Nath Pandey, who was a motor-car driver by occupation, used to live as a tenant in an outhouse of a sprawling bungalow belonging to the family of the deceased, situated at 17, Stanley Road, Allahabad. The appellant developed a fancy for Ranjana who was about 20 years of age, when he came to live in the out-house. The o