1. The appellant Chaman Lal, has been convicted for an offence under section 302 R.P.C. and sentenced to death by order of the learned Sessions Judge, Jammu, dated 24-3-1975. He has preferred this appeal against his conviction and sentence. The State of Jammu and Kashmir has also filed criminal appeal No. 6 of 1975 against the acquittal of the co-accused of Chaman Lal namely Nanku and Rattan. The appeal so far as Nanku is concerned was dismissed in limine by order of the Division Bench dated 30th April, 1975, but was admitted to hearing in so far as Rattan accused is concerned. The learned Sessions Judge, Jammu, has also submitted the record of the case to this Court for confirmation of the sentence of death passed against Chaman Lal. Both the appeals and the criminal reference shall be disposed of by this judgment.

2. Briefly stated the prosecution case as is evident from the F. I. R. is, that the deceased Shri Isher Datt Baru, a lawyer of Jammu had some land in village Kirpalpur Charkan. Some of the land of the deceased was in possession of Nanku, Rattan Lal, Chaman Lal, Bishan Dass and Karam Chand sons of Mangu. Chaman Lal and his brothers were not paying the rent