The order of companyviction and sentence was set aside by the High Court of Judicature at Allahabad.
Deoman was tried for the murder of Sukhdei before the Court of Session at Gyanpur.
He was arrested in the afternoon of the 20th near the village Manapur.
1 out of the water.
The reference was heard by M. C. Desai, B. Mukherjee and A. P. Srivastava, JJ.
In the evening of June 18, 1958, Deoman borrowed a gandasa Ex.
Deoman absconded immediately thereafter and was number to be found at Anandadih on June 19, 1958.
Deoman was married to one Dulari.
According to the case of the prosecution, in the evening of June 18, 1958, there was an altercation between Deoman and Sukhdei.
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.
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.
1 from one Mahesh.
Against that order of acquittal, the State of Uttar Pradesh has appealed to this companyrt with a certificate granted by the High Court.
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.
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 in the companyrse of the altercation, Deoman slapped Sukhdei and threatened her that he would smash her mouth face .
The lands gifted to Dulari and the lands of Sukhdei were cultivated by Mahabir, uncle of Deoman.
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 day break on June 19, 1958, Deoman was seen by a witness for the prosecution hurrying towards the tank and shortly thereafter he was seen by another witness taking his bath in the tank.
Sukhdei gifted certain agricultural lands inherited by her from her father to Dulari.
This gandasa was found by the Chemical Examiner and Serologist to be stained with human blood.
Dularis parents had died in her infancy and she was brought up by Sukhdei, her companysin.
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 Court.
