1. This appeal is directed against an order of the learned Sessions Judge Mandi and Chamba Sessions Division, convicting and sentencing the appellant, under sections 323 and 201 I. P. C. The case of the prosecution against the appellant, was as follows :

2. The appellant, Birchu Ram, Ramswarup and Rup Lal were employed in the Sutlej-Beas Link Project, at Sundarnagar. The appellant and Mirchu Ram were labourers. Ramswarup was a driller and Rup Lal was a Chaukidar of the store. The appellant, Mirchu Ram and Rup Lal lived in tents at Musahab-Ka-bagh. The appellant and Mirchu Ram were living in one tent, while Rup Lal was living in another adjoining tent. The appellant and Mirchu Ram used to pilfer kerosene oil from the store. Rup Lal used to warn them against their nefarious activity of committing theft. Ramswarup had instigated the appellant and Mirchu Ram to put an end to the life of Rup Lal. He had assured them that he would spend money to save them from any harm and would help them in every way.

3. On the night of the 6th July, 1963, Rup Lal was lying in his bed, in his tent. He had started abusing Mirchu Ram in connection with the stealing of kerosene oil. Mirchu Ram had re