JUDGMENT

S.D. Khare, J. - This is an appeal directed against an order dated 29-9-1964, passed by the learned Additional Sessions Judge, convicting Dhammo (appellant) under Section 302, I.P.C. and sentencing him to imprisonment for life.

2. Dhammo (appellant) is a resident of village Simor, police circle Aliganj, district Etah. The person who lost his life was Mohammad Ali, a resident of village Sarotia, which adjoins village Simor.

3. The prosecution case, briefly stated, was that on.24th March, 1964, at about 9 p.m.Mohammad"Ali (deceased) was going to his field to keep a watch over the wheat crop which was ready. On his way to the field he stayed at the field of Laukush for a short while and smoked tobacco there. He also took with him some leaves of pea crop and tied the same in his chadra so that he might be able to spread his chadra over those leaves while sleeping near his field. As he was proceeding towards his field two persons rushed towards. him. Apparently they mistook him for a thief as they said that he had stolen and was removing the wheat crop. Mohammad Ali (deceased) told them what his name was and that he was going to his field to sleep there for. the night. However,