STATE OF UTTAR PRADESH Vs. SAMMAN DASS

JUDGEMENT

(1.) Samman Dass alias Samman Lal, aged 19 years, was convicted by Sessions Judge, Faizabad under section 302 I.P.C. for causing the death of his wife Putlibai by throttling her and was sentenced to death On appeal as well as in the reference made to it for the confirmation of the death sentence, the Allahabad High Court set aside the conviction of the accused and acquitted him. The State of Uttar Pradesh has filed this appeal by special leave against the above judgment of the High Court.

(2.) The accused was married to Putlibai, who was near about of the same age as the accused, on May 14, 1968. Putliabi was the daughter of Gurmukh Das (PW 8) of Azamgarh, while the accused is the son of Shobhamal of Faizabad. The accused lived with his parents in quarter No 1831 in Ram Nagar Colony of Faizabad. More than 300 families of Sindhis live in this locality. The non-Sindhis occupy only a couple of houses. There are a number of blocks of buildings in the colony. Each of those blocks consists of ten quarters Apart from the accused and his parents, his uncle Parumal and the wife of Parumal, who is sister of the mother of the accused, also lives in his quarter.

(3.) The death anniversary of Sain Kanwar Ram, A Sindhi saint, was celebrated by the Sindis in Ram Nagar Colony of faizabad on the night between 17th and 18th October, 1968. The singing of the devotional songs continued up to 10 A.M. on October 18 in an open maidan in the Ram Nagar Colony. The said maidan is at about a distance of 90 paces from the quarter of the accused. Most of the Sindhis of Ram Nagar Colony attended the celebrations. The Prasad was distributed at about 10 a.m. on the close of the celebrations.