JUDGMENT

NATARAJAN, J.:— The appellant Sukhram and his cousin one Gokul were convicted by the Sessions Judge, Dewas under Section 302 read with Section 34 I.P.C. and under Section 436 read with Section 34 I.P.C. and sentenced to imprisonment for life and concurrently to undergo rigorous imprisonment for 7 years for the respective convictions. On appeal, the High Court confirmed the convictions and sentences awarded to the appellant but gave the benefit of doubt to accused Gokul and acquitted him of both the charges. The appellant has preferred this appeal by special leave against the judgment of the High Court confirming the convictions and sentences awarded to him.

2. The prosecution case briefly stated was that Gokul and the appellant bore a grudge against P.W. 1 Gendalal because of his refusal to return a sum of Rs. 400/- collected as fine from Gokul by the caste panchayatdars and left in deposit with P.W. 1 Gendalal. It would appear that about four years before the incident which took place on the night of 1/2 May, 1979, the panchayatdars chastised Gokul for having illicit intimacy with his daughter-in-law and imposed on him a fine of Rs. 400/-. The fine amount was entrusted to