JUDGMENT

JASWANT SINGH, J.:— This appeal by special leave is directed against the Judgment and Order dated April 15, 1976 of the Allahabad High Court (in Criminal Appeal No. 2489 of 1975 and Reference No. 64 of 1975) confirming the conviction of the appellant under S. 302, I. P. C. and the sentence of death imposed on him thereunder for intentionally causing the death of his own son named Gorakh Prasad aged about 30 years, on the night between September 1 and September 2, 1974, in the field of Phool Chand Lonia on the outskirts of village Patra Tola Fakirahna within the jurisdiction of Police Station Pipraich, District Gorakhpur.

2. The story as put forth by prosecution was as follows:

The appellant who belongs to village Patra, District Gorakhpur was employed at the relevant time as Daftary in the D. A. V. College, Gorakhpur. About a year and a half, before the occurrence, the deceased who was a Peon in the same institution gave up service at the instance of the appellant and set up a tea-stall in a portion of the shop of P. W. Bharat Lal in front of the College. He was assisted in the management of the Shop by his younger brother P. W. Dinesh. Smt. Kapoora whom the deceased married