V. N. Varma, J.

1. THIS is an appeal from the judgment and order of Sri R. P. Jain, Sessions Judge, Jhansi, by which he convicted the appellant (Swami Prasad) under section 302 IPC and sentenced him to imprisonment for life.

2. THE person who lost his life in this case was one Gajraj Singh. He was a resident of village Pasora, P. S. Todi Fatehpur, district Jhansi. The appellant is his next-door neighbour, his house being just towards north of his house. Just a wall separated their houses. It appears that a Kachcha room existed in the north west portion of the house of the deceased touching the wall separating the two houses. According to the prosecution this Kachcha room did not rest on this wall. There was a wall running parallel to the south of this wall and it was on this wall that the Kachcha room rested on the northern side. The deceased wanted to construct this Kachcha room into a pucca one. He, therefore, demolished this Kachcha room and first constructed pucca walls on the foundation of the old walls existing towards east, west and south. The last wall that he was to construct was towards north. He demolished the old wall towards north on 13th and 14th June, 1972 an