( 1. ) THIS is an appeal from jail by accused-appellant Umed against his conviction under section 302 of the Indian Penal Code and sentence of imprisonment for life passed by the Sessions Judge, Raipur, in Sessions trial No. 68 of 1975.

( 2. ) THE prosecution case against the accused-appellant was that both, he and the deceased Ramu, used to live together in a locality known as Tikrapara of Raipur town and they were working as labourers. At one time deceased ramu stole Rs. 300 and some clothes of the accused-appellant and ran away. It was on 8-1-1975 that the accused-appellant succeeded in tracing him out while he was sitting with some beggars near Gujrathi Dharmshala in the town. When the accused-appellant demanded his money and the clothes, the deceased refused to give them back. In the night, both the accused-appellant and the deceased slept in the outer verandah of a vacant house under construction near that Dharmashala. According to the prosecution, on 19-1-1975 at about 5. 30 A. M. while the deceased was sleeping, the accused-appellant struck him with an axe resulting in his death sometime later The accused-appellant then went to the police-station Ganj carrying with