Judgment

DWIVEDI, J. :- It is an appeal from the judgment of the High Court of Madhya Pradesh convicting the appellant under Section 302 I.P.C. and sentencing him to imprisonment for life. By the same judgment the High Court convicted Ganesh and Damrulal under S. 323 I.P.C. and imposed a sentence of Rs. 50/- each. They have not appealed.

2. The aforesaid three persons were tried for the murder of one Bucha by the Additional Sessions judge, Tikamgarh. The prosecution case was this: On May 4, 1968, Damrulal went to the house of Bucha while he was supervising foundation-digging near his house. Damrulal warned the deceased to abstain from using bricks belonging to him Bucha replied that he was using his own bricks. Then there was an exchange of hot words between them. Thereafter Damrulal left the place angrily after giving a warning to Bucha that be would soon settle the score. The work came to a stop at about 9 a.m., and the labourers left the place. While the deceased was taking his meal in the verandah of his house, Damrulal, Ganesh and the appellant along with their brother Har Charan arrived there. Ganesh exhorted his brother Har Charan to catch hold of Bucha and kill him. Bucha was