I. P. Singh, J.

1. Nathu Singh, convict-appellant, has preferred this appeal against the judgment and order of Sri O.P.Saxena, the then Sessions Judge, Mainpuri dated 26-8-1977 in Sessions Trial No. 235 of 1977-State v. Nathu Singh, convicting and sentencing him under Section 302 IPC to life imprisonment. The prosecution case in brief is that Om Prakash Sharma was running a business of cutting bangles in Firozabad. Naturally a few labourers were engaged with him. One of them was Hari Lal. It is further alleged that Nathu Singh, appellant, had lent some money to Hari Lal. It was not being repaid. In that connection on 6-7-1976 at about 6 a. m. the appellant went to the house of the deceased and complained to him that his labourers had taken money from him but were not repaying the same. He, therefore, desired the deceased to realise the money and pay the same to him. Naturally the deceased told the appellant that if money was due to him from any of his labourers, then he should recover the same from them himself. The appellant, however, threatened the deceased that he should recover the money from the said labourers for him otherwise his business would be closed. There was a