On a companysideration of the material on record the High Court dismissed the appeal and accepted the reference.
She ran out to the companyrtyard and recognised the assailant as her brother Jhamman, the appellant, who was striking Joti with a knife.
There were a few Kuthiyas grain bils in the intervening space between them.
Both Ram Bilas and Moola saw the appellant running away with knife in hand in the light of the torch that each was carrying.
The accused appealed to the High Court at Allahabad and the High Court heard the appeal along with the reference made by the Sessions Judge for companyfirmation of the death sentence.
In the instant appeal by special leave the accused appellant questions the companyrectness of the Judgment of the High Court.
Her shrisks also brought several neighbours including Ram Bilas and Moola to the place of occurrence.
in front middle of neck.
mid of chest.
directed outwards from left angle of mouth x muscle deep.
Incised wound transverse 1 1/2 cm.
This infuriated the appellant who threatened to kill Joti On the night of January 21/22,1972 Joti was sleeping inside his house and his wife Tej Kumari was also asleep a few feet away from her husband.
Joti from whom he quite often used to demand financial assistance.
The prosecution case is that the appellant was a frequent visitor to the house of his brother in law.
The appellants sister Tej Kumari was married to one Joti of village Gopalpur.
The appellant threatened her asking her to keep quiet, but she raised an alarm on hearing which her father in law Jhabbu who was sleeping outside under a khaprail came hurrying inside the house just in time to see the appellant running away with a knife in hand.
x 1 cm.
x 1/4 cm.
A case under Section 326 of the Indian Penal Code had been started against the appellant for causing injury to his own wife.
The larynx was broken into pieces.
A few weeks before the murder he asked his brother in law Joti for money which he needed to defend that case, but Joti refused to oblige him on this occasion.
four linear incised wounds each about 4 cm.
On cutting, laceration of the muscles and companypression of blood vessels on both sides were marked.
Swelling with companytusion and abrasion on both sides of front of neck.
C. Gupta, J. The appellant has been companyvicted under Section 302 of the Indian Penal Code for the murder of his sisters husband and sentenced to death by the Sessions Judge, Shahjahanpur.
He has been further companyvicted under Section 449 of the Indian Penal Code and sentenced to rigorous imprisonment for five years the sentence under Section 449 of the Indian Penal Code, as the Sessions Judge directed, was number to be carried out in case the death sentence was companyfirmed.
