Khare, J. :- This is an appeal directed against an order dated 31st August, 1968, passed by the learned Sessions Judge, Banda, convicting Nanku (appellant) under Section 302, I.P.C. for having caused the death of Ramzani, and also under Section 323 I.P.C. for haying caused simple hurt to Munna (P.W. 1) and Kareem Bux (P.W. 9), and sentencing the appellant to imprisonment for life for the offence of murder and to nine months' rigorous imprisonment for causing simple hurt. Both the sentences were ordered to run concurrently.

2. One more person, namely. Jamiluddin, a brother of Nanku, was also tried along with Nanku. He was however convicted only under Section 352, I.P.C. and sentencing to undergo imprisonment till the rising of the court. No appeal has been filed by Jamiluddin.

3. Ramzani, who lost his life was a resident of village Bhagauta-Ka Purza, within police circle Atarra, district Banda. Nanku (appellant) was his close neighbour. The hose in which Nanku lived had originally belonged to Khelawan, who had left the village after having entrusted his house to the care of Ramzani, his neighbour, Ramzani had let out the house to Nanku and his brother on a monthly rent of R