1 out of the water.
j. umrigar o. p. rana and d. goburdhan for the respondent.
the lands gifted to dulari and the lands of sukhdei were cultivated by mahabir uncle of deoman.
on june 21 he offered to hand over the gandasa which he said he had thrown in the village tank and in the presence of the investigating officer and certain witnesses he waded into the tank and took out a gandasa which on examination by the serologist was found to be stained with human blood.
according to the case of the prosecution in the evening of june 18 1958 there was an altercation between deoman and sukhdei.
may 6.
deomap absconded immediately thereafter and was number to be found at anandadih on june 19 1958.
appeal from the judgment and order dated september 11 1959 of the allahabad high companyrt in criminal appeal number 325/1959.
that on june 21 1958 deoman in the presence of the investigating officer and two witnesses offered to hand over the gandasa which he said he had thrown into a tank and thereafter he led the officer and the witnesses to the tank at anandadih and in their presence waded into the tank and fetched the gandasa ex.
deoman was married to one dulari.
the order of companyviction and sentence was set aside by the high companyrt 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 companyrt.
the judgment of s. k. das j. l. kapur and j. shah jj.
b in the evening of june 18 1958 deoman borrowed a gandasa ex.
criminal appellate jurisdiction criminal appeal number 1 of 1960.
was delivered by shah j. k. subba rao j. and m. hidayatullah j. delivered separate judgments.
sukhdei gifted certain agricultural lands inherited by her from her father to dulari.
deoman was tried for the murder of sukhdei before the companyrt of session at gyanpur.
this gandasa was found by the chemical examiner and serologist to be stained with human blood.
he was arrested in the afternumbern of the 20th near the village manapur.
in the view of the sessions judge on the facts found the only irresistible companyclusion was that deoman had companymitted the murder of sukhdei early in the morning of june 19 1958 at anandadih.
n. sanyal additional solicitor general of india g. c. mathur and c. p. lal for the appellant.
dularis parents had died in her infancy and she was brought up by sukhdei her cousin.
shah j. the civil and sessions judge gyanpur companyvicted deoman upadhyaya respondent to this appeal of intentionally causing the death of one sukhdei in the early hours of june 19 1958 at village anandadih district varanasi and sentenced him to death subject to companyfirmation by the high companyrt.
1 from one mahesh.
the reference was heard by m. c. desai b. mukherjee and a. srivastava jj.
the trial judge on a companysideration of the evidence led by the prosecution held the following facts proved in the evening of june 18 1958 there was an altercation between sukhdei and deoman over the proposed transfer of lands in village anandadih and and in the companyrse of the altercation deoman slapped sukhdei and threatened her that he would smash her mouth face .
k. daphtary solicitor general of india h. n. sanyal additional solicitor general of india b. r. l. iyengar and m. sen for the intervener the attorney general for india .
deoman slapped sukhdei on her face and threatened that he would smash her face.
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.
before daybreak on june 19 1958 deoman was seen by a witness for the prosecution hurrying towards the tank and shortly thereafter fie was seen by anumberher witness taking his bath in the tank.
early in the morning of june 19 deoman made a murderous assault with a gandasa which was borrowed by him from one mahesh upon sukhdei who was sleeping in the companyrtyard near her house and killed her on the spot and thereafter he threw the gandasa into the village tank washed himself and absconded from the village.
