JUDGMENT

Raza, J - Ram Lal, a Brahman of Dumtahar, district Rae Bareli, has been convicted by the learned Sessions Judge of Rae Bareli of having murdered Manna Pasi of Misrankhera, hamlet of Dumtahar on the 18th January 1927. He has been sentenced to death subject to confirmation by this Court. He appeals and the reference in confirmation is also before us.

2. The accused was committed for trial to the Sessions Court on a charge under Section 304, I.P.C., but the learned Sessions Judge amended the charge and convicted the accused under Section 302, I.P.C.

3. The facts as found by the learned Ses' sions Judge are these:

The accused beat the deceased with a heavy lathi and caused his death. The deceased was unarmed at the time and the accused went on ill-treating him with the lathi after he had become insensible.

4. The accused pretended to think that Manna was shamming and had him carried into the village, slung to a pole saying that he would chalan him. When Manna died the accused absconded.

5. The accused's defence in this case was that he found Manna stealing sarson from his field. He (accused) went up to Manna quietly and tried to catch him. Manna then attacked him with a hansiy