1. - The appellant Ram Sahai has been convicted by the learned District Sessions Judge, Gangapur City under Section 302 Indian Penal Code and sentenced to imprisonment for life.

2. The case of the prosecution which resulted in the conviction and sentence of the appellant as aforementioned may be shortly stated here. On March 8, 1974 at about 5 30 P.M., Ram Narain son of Chuniya, resident of village Hitrapura, lodged a report with the police post Hitrapura that a little earlier he had caught hold of Ram Sahai accused who was on the run after committing this crime. He told the police that on hearing the shouts raised by Gaindiya (PW 4) and Gangadhar (PW 6), he become alert and saw the accused running near his field. He caught hold of the accused and asked him the reason why he was running. The accused confessed to Ram Narain that he had killed Chhotiya, one of his own friends & that he could take Ramnarain and others to the fields where the dead body who lying. The accused led Ram Narain & others to the field of Bhawaniya Regar where a man was lying grievously injured in a corner of the field. Ram Narain identified the injured as his own brother Chhotiya. He found that he was