G. D. SRIVASTAVA, J.

( 1 ) JAMSHED alias Dabli has come up in appeal against the judgment of the IVth Additional Sessions Judge, Aligarh finding him guilty under Sections 394 and 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life under the former count and to death under the latter count. The appellant is said to have committed the murder of Smt. Anwar Begum alias Anwar Fatima, wife of Chhuttan (P. W. 8) and daughter of Shamsuddin (P. W. 1) on 10-3-74 at about noon in her house in mohallah Chaucharian, Police Station Atrauli, district Aligarh. The deceased and her husband Chhuttan used to reside in a house in the aforesaid mohallah and in those days these were the only two inmates of the house because other members of the family were out. The house of Shamsuddin is in the same locality at a distance of 1 or 1-1/2 furlongs, On 10-3-74 Chhuttan left his house in the morning for shikar. Because the wife was to live all alone in the house in his absence, he thought it fit to take her to her father. While leaving for shikar, Chhuttan therefore left the deceased at her fathers house telling his father-in-law that he would be back at about noon and that Anwar

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