Judgment

BHARGAVA, J. : The appellant, Lachhi Ram, has come up to this Court in this appeal by special leave against the judgment of the High Court of Punjab upholding the conviction and sentence of imprisonment for life awarded to him under Section 302 read with Sections 109 and115 of the Indian Penal Code by the Additional Sessions Judge of Gurgaon. Both the courts below have, on the consideration of evidence, held that the appellant had enmity with the complainant, Devi Ram, even though they were collaterals in the third or fourth degree and their wives were sisters. There was a dispute between them about payment of compensation of some land, and on July 28,1958, the appellant had sent a post-card to Devi Ram enquiring why he was delaying the payment of compensation, asking him to act intelligently and sensibly, and telling him that it was not good to forcibly usurp the share of others. Then, about six months before the occurrence, which was the subject-matter of the charge, the appellant and his brother Chet Ram visited Devi Ram in his village Tigaon and made a demand in respect of the property, adding a threat that otherwise he would have to pay heavily for the same. On January