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 Rs. 7/-. The two brothers had, however, failed to pay any rent to Ramzani and for that reason he often made a demand of the rent from them. Two days prior to the occurrence Khelawan had come to the village and had told Ramzani that the house had been let our to Nanku and his brother at his (Ramzani's) responsibility.

4. On 19th September, 1967, at about 5 p.m. while Nanku and his brother Jamiluddin were returning to their house after doing the day's work and Nanku had a sabal with him. Ramzani again made a demand of the rent from Nanku and Jamiluddin. They however, told Ramzani that they had no money that time and Ramzani had no authority to ask for any rent from them. Ramzani told Nanku and his brother that he would realise the rent from them. On hearing that Jamiluddin, who was empty handed, caught hold of Ramzani and Nanku (appellant), who had a sabal with him, started causing injuries to Ramzani with that sabal. One such injury was caused on the chest and another on the back of Ramzani who fell down on the ground after having received the second injury. Munna, aged about 17 years, a son of Ramzani (deceased), and Kareem Bux (P.W. 9), to whom a niece of Sm. Jinti (P.W. 2) the wife of Ramzani (deceased) was married, rushed to his rescue. Both Kareem Bux and Munna were beaten with that sabal by Nanku

5. Dr. V. M. Gupta examined the injuries of Kareem Bux and Munna the same evening between 7 and 7.20 p.m. He found that both of them had received two injuries each. Kareem Bux had received one contusion on the left side of his chest and an abrasion on the left side of his chest, Munna had suffered a swelling on the left forearm and an abrasion near the left elbow. All these injuries caused to Kareem Bux and Munna were simple in nature.

6. Ramzani died within half an hour of the occurrence. The first information report of the occurrence was lodged by Munna (P.W. 1) at police station Atarra, one mile away from the place of occurrence, at 6.45 p.m. The witnesses had managed to catch hold of Nanku and take his sabal from him. They had also succeeded in apprehending Jamiluddin, the brother of Nanku (appellant). Both of them were tied with a rope and taken to the police station at the time first information report was lodged. The sabal, was also deposited at the police station. It was a small piece of iron with which Nanku was expected to repair the utensils. It must be one of the tools used by him for doing his daily work.

7. The post-mortem examination on the dead body of Ramzani was performed by Dr. K. N. Gupta. Medical Officer Sub-charge. District Hospital, Banda on 20th September, 1967, at 2.30 p.m. In the opinion of the doctor the probable age of the deceased was about 60 years and the probable time since death at the time of the post-mortem examination