1. The appellant Bharosa has been convicted of the murder of one Mst. Gaji and has been sentenced to death. The facts, though unusual, are simple. The prosecution story is that Bharosa, who was a gardner in the employment of one Dagaji, malguzar of mauza Waldur, lived in a hut in his master's garden and had formed an illicit connection with Mt. Gaji, a widow of a lower caste than his own, she being a Pardhan and he, a Pardeshi of the United Provinces. On the night of 3rd April the woman visited his hut and suggested that she should enter permanently into his keeping and live with him. He demurred as this would result in his being outcasted and he in a rage at her importunity struck her over the head with a lathi, killing her practically instantaneously. The medical evidence is to the effect that several blows with a lathi must have been delivered. The murder was committed not in the hut but at a nalla some 150 yards away, and the accused turned her out of the hut and accompanied her part of the way, when, presumably, the importunities being renewed, he lost his temper and killed her. Early on the following morning he left Waldur for Hinganghat, where his master lives, with