This criminal appeal has been filed against the judgment and order dated 17-12-80 passed by Shri P. C. Saxena, the then Sessions Judge, Pilibhit in Sessions Trial No. A-134 of 1979 whereby he has convicted the appellant Gurmeet Singh under Section 302 IPC and sentenced him to undergo imprisonment for life.

2. The facts are that the accused Gurmeet Singh resided in village Ram Nagar, P. S. Gujraula and his brother deceased Milkiat Singh resided at Pilibhit. The deceased had left his she-buffalo with the accused for grazing but the accused sold the same to P. W. 9 Ram Singh for a sum of Rs. 500 and received the sum of Rs. 500 with a promise that he would get a receipt executed by Milkiat Singh when he would come to the village. It is said that on the day of the occurrence, i. e. 6-6-1978 when Milkiat Singh came to the village and was staying at the house of the accused, Ram Singh came there and demanded the receipt on which Milikiat Singh executed the receipt but demanded his money. The accused, however, paid only Rs. 300 to Milikiat Singh and about the balance he told him that the same would be paid after few days. But Milikiat Singh did not agree to it and gave out