- (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. The accused had been engaged to Putlibai about a year before the marriage. According to the prosecution case, about 5 or 6 months after the engagement the accused went to the house of Gurmukh Das in Azamgarh to see Putlibai. After having a look at Putlibai. the accused came to Faizabad and stated that he would not marry Putlibai as she was not of fair complexion. When Gurmukh Das (P. W. 8) learnt that the accused had refused to marry his daughter, he convened a panchayat. The father of the accused then became agreeable to marry the accused with Putlibai. The marriage accordingly took place on May 14, 1968. After the marriage Putlibai came to Faizabad and lived with the accused in his parents' quarter for about two and a half months. Gurmukh Das, father of Putlibai, it is stated, then came and took her to his house. Putlibai after that came to the house of her husband on October 15, 1968.
(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.;