Judgment

MITTER, J.: This appeal is from a judgment of the High Court at Allahabad convicting the appellant under sections 302 and 307 of the Indian Penal Code and sentencing him to death for the first offence and to rigorous imprisonment for six years on the second. The sentence under section 302 was imposed for the murder of a boy of fourteen by the name of Sheopal while the conviction under S. 307 was in respect of the attempt to murder one Ram Kumari, the mother of the said deceased.

2. The prosecution story, in brief, was that there was enmity between Mathura, the husband of Ram Kumari and father of Sheopal, and the appellant mainly arising out of Mathura s helping his brother Mangali, in litigation for recovery of a sum of Rs. 720/- loaned to one Bulaqi on the basis of a promissory note and Bulaqi being helped therein by the appellant. The appellant was said to have set fire to Mathura s khaliyan in respect whereof a panchayat was held in which the appellant had acknowledged setting fire to the khaliyan and had asked for pardon. The villagers had made up the loss occasioned to Mathura by making contributions themselves but apparently this had not put an end to the enmity and it