JUDGMENT

1. This is an appeal by Sheo Dina, Kachhi, who has been sentenced to death u/s 302, I.P.C., by the learned Sessions Judge of Banda, and there is also a reference for confirmation of that sentence. The person alleged to have been murdered is Mt. Bari Bahu, the mother-in-law of the accused. She lived at Ajnar where there is a police station and the accused Sheo Dina lives at Ari, a village two miles from Ajnar, with his wife Mt. Bhaoni, daughter of Mt. Bari Bahu. It is common ground that on the 23rd June 1932, Mt. Bari Bahu and her daughter started to go from Ari to Ajnar. The daughter had become ill and had sent for her mother to take her to her mother's house. It is alleged by Mt. Bhaoni that the accused was unwilling to let her go. It is also common ground that on the night of the 23rd of June at 9 p.m., Mt. Bhaoni and Sheo Dina were taken out of a well which is half way between these two village? and is situated, in the fields of the village of Khoi. They were taken out by the villagers of Khoi. The representation made to the villagers who took them out was that they had accidentally fallen into the well and it was also stated that Mt. Bari Bahu had fallen in and that she