Randhir Singh, J.

[1] The appellant in this case has been convicted by the learned Additional Sessions Judge of Lucknow Under Section 302, I.P.C. and sentenced to death.

[2] The case arose out of a murder said to have been committed within the precincts of the city of Lucknow. Ram Lal deceased was an orderly constable of the Deputy Inspector General of Police (Central Range) and used to live in the quarters attached to the residence of the Deputy Inspector General. Some other constables, who were also on the staff of the Deputy Inspector General, resided in the out-houses and one of them was Sundar Singh, who was driver of the staff car. It was alleged on behalf of the prosecution that Sundar Singh appellant, who was a widower, developed intimacy with the young wife of Ram Lal deceased, who also resided with her husband in a kothri close to the kothri or Sunder Singh.

On the night between the 2nd and 3rd February 1954, at about 10 P. M. Ram Lal and Sunder Singh went together on a cycle. Ram Lal was paddling the cycle while Sunder Singh sat behind him on the carrier. At about 1 A. M. Sunder Singh alone returned to the house of the Deputy Inspector General of Police and he was