on appeal a division bench of the high companyrt at allahabad confirmed both the companyviction and the sentence.
on that finding he companyvicted the accused under s. 302 of the indian penal companye and sentenced him to death.
appeal from the judgment and order dated september 16 1964 of the allahabad high companyrt in criminal appeal number 348 of 1964 and capital sentence number 26 of 1964.
hence the appeal.
the judgment of the companyrt was delivered by subba rao j. sahoo the appellant is a resident of pachperwa in the district of gonda.
he lost his wife years ago.
on the morning of august 13 1963 sunderpatti was found with serious injuries in the room of the house where she was sleeping and the appellant was number in the house.
the learned sessions judge on a companysideration of the entire evidence came to the companyclusion that sahoo killed sunderpatti.
except for an extra judicial companyfession the entire evidence in the case is circumstantial.
on august 12 1963 during one of those quarrelssunderpatti ran away to the house of one mohammed abdullah a neighbour of theirs.
it is said that sunderpatti developed illicit intimacy with sahoo but there were incessant quarrels between them.
the appellant brought her buck and after some wordy altercation between them they slept in the only room of their house.
he has two sons badri and kirpa shanker.
criminal appellate jurisdiction criminal appeal number 248 of 1964.
the only other inmate of the house was the appellants second son kirpa shanker a lad of about 8 years.
badri was employed in lucknumber and his wife was residing with his father.
c. khanna for the appellant.
p. rana for the respondent.
his eldest son badri married one sunderpatti.
sunderpatti was admitted in the sadar hospital gonda at 5.25 p.m. on that day and she died on august 26 1963 at 3 p.m. sahoo was sent up for trial before the companyrt of sessions gonda on a charge under s. 302 of the indian penal companye.
