Judgment

SHAH, J. (For himself and S. K. Das and Kapur, JJ.) : The Civil and Sessions Judge, Gyanpur, convicted Deoman Upadhyaya - respondent to this appeal - of intentionally causing the death of the one Sukhdei in the early hours of 19-6-1958, at village Anandadih District Varanasi and sentenced him to death subject to confirmation by the High Court. The order of conviction and sentence was set aside by the High Court of Judicature at Allahabad. Against that order of acquittal, the State of Uttar Pradesh has appealed to this Court with a certificate granted by the High Court.

2. Deoman was married to one Dulari. Dulari s parents had died in her infancy and she was brought up by Sukhdei, her cousin. Sukhdei gifted certain agricultural lands inherited by her from her father to Dulari. The lands gifted to Dulari and the lands of Sukhdei were cultivated by Mahabir, uncle of Deoman. Mahabir and Deoman entered into negotiations for the sale of some of these lands situated at village anandadih, but Sukhdei refused to agree to the proposed sale. According to the case of the prosecution, in the evening of 18-6-1958, there was an altercation between Deoman and Sukhdei, Deoman slapped Sukhdei