1. The appellant Phika son of Ishar, 20 years old, cultivator, has preferred this appeal through jail against his conviction under section 201, Indian Penal Code, and sentence of Four years rigorous imprisonment.

2. In the trial Court Phika and Mukhtara, the latter being the formers sisters son, were tried for offences under sections 302/34 and 201/34, Indian Penal Code, for the murder of Tara, a brother of Phika accused, and for concealing his dead body. The deceased was about 32 years old. 2a. According to the prosecution version the deceased Tara was a resident of village Rurewala, which is about one mile from village Katle. He along with his wife and children used to live in village Rurewala though he was employed under Pala Singh in village Katie. Phika and Mukhtara accused were in the employment of one S. Uttam Singh of Ramdas, which is about 21/2 miles from village Katle. It is alleged that Taras wife used to have illicit intimacy with Phika and about a month before the present occurrence there was some kind of quarrel between the two brothers. About four or five days before 15th March 1960, Pala Singh P. W. and Tara were going from village Katle to Ramdas for making