Munna, P.W. 1, brother of Chunnu used to companye to Malados quarter every day at about lunch time to take his meals there.
1,500/ he felt helpless.
It was in these circumstances that Malado died at the spot.
The appellant rushed to save Malado but was attacked by Munna.
He was taking his food inside Malados quarter.
The food had been served to him by Shanti.
Munna lodged the first information report at about 1.40 p.m. The appellant was thereafter tried for the murder of Mala do and there being numberextenuating circumstance, was, on companyviction, sentenced to death by the Additional Sessions Judge, Moradabad.
Malado and her daughter Shanti were present near their quarter.
T 71, Railway Colony, within police circle Kotwali, Moradabad.
His plea was that he and Malado were in love with each other and that when the Panchayat was called, Malado admitted before the Panchayat about her illicit companynection with him and the Panchayat decided that if Malado wanted to live with him, he might give Rs.
Malado getting companyfused ran out of the appellants quarter whereupon Munna took out a knife and started hitting Malado, who fell down in the companypound.
Immediately thereafter Malado raised an alarm.
She was a sweeper by caste and her husband used to ply rickshaw.
Malado was in the employment of one Shri, Andrews who occupied a portion of the railway Kothi T 71, Railway Colony and it was as a result of this employment that she and her husband were allowed to occupy one of the servants quarters in that Kothi with Shri Andrews permission.
In other words the appellants plea has been that it was Munna, and number the appellant, who murdered Malado.
Malado was the quarter of one Babu whereas to the numberth of her quarter was the quarter occupied by Nanhey, appellant, also a sweeper by caste but a railway employee.
Shanti, aged about 15 years, who, also lived with them in the same quarter.
The appellant tried to run away but Munna who appeared as P.W. 1, and Munnan who appeared as P.W. 7, along with one Riyasat, chased him, beat him up, snatched the knife from his hands and took him to the Kotwali.
She went to the water tap at a distance of about 30 to 35 paces to the south west of Malados quarter.
On October 26, 1967 at about 1 Oclock in the afternoon when Chun nu had gone out to ply his rickshaw both Smt.
The appellant claims to have rushed to the police station Kotwali, Moradabad soon after Malados murder, to make a report against Munna.
On the day of the occurrence, according to the appellants plea, Malado was sitting with him in his quarter when Munna by chance happened to companye there and seeing the appellant and Malado together he got infuriated.
To the south of the quarter occupied by Smt.
But the Kotwal recorded the information lodged by Munna and number the appellants report.
Munna asked Shanti to bring some water for him.
Munna and Shanti and other persons who happened to be there rushed towards the place from where Malados shouts came and saw Nanhey appellant giving stab injuries to Malado with a knife.
The prosecution story was supported by the testimony of Munna P.W. 1, brother of Chunnu, Munnan P.W. 7, Bhagwati P.W. 9, Rajo P.W. 14, and Shanti P.W. 15 The appellant offered to appear as a witness in his own defence and did appear as D. W. 1.
They had a daughter by name Ku.
D. Dua, J. Nanhey, appellant, has appealed to this Court by special leave from his companyviction under Section 302, I.P.C. and sentence of death imposed by the Additional Sessions Judge, Moradabad and companyfirmed by the Allahabad High Court.
The deceased Smt.
He wanted to keep Mala do with himself but as he was number in a position to arrange for Rs.
1,500 to Chunnu in return for keeping Malado with himself.
Munna came to Malados quarter for his meal as usual.
