JUDGMENT

Madan Moban Lal, J. - This is an appeal I against the judgment and order dated 16.12.1977 passed by Sri Krishan Lal, the then VIIth Additional Sessions Judge, Allahabad by which he has convicted, Lallan appellant under section 302, I.P.C. and has sentenced him to undergo imprisonment for life thereunder.

2. Taluqa Prasad and Gama were two real brothers. Gama had not married. He had, therefore, adopted his nephew Lakhan, son of Taluqa Prasad. Lakhan was living with Gama and was looking after his property, including agricultural land. Lallan, appellant, who was the other son of Taluqa Prasad, was jealous on account of the same.

Gama and Mohd. Usman were friends and were on visiting terms with each other. Lallan, appellant, did not like the said friendship and intimate relations between them. The appellant Lallan was carrying an impression that it was only on account of Mohd. Usman, deceased, that Gama had not given any share in his property to him but had given his entire property to Lakhan.

3. According to the case of the prosecution, on 19.12.1976 at about 12 in the noon when Mohd. Us man was sitting in the court-yard of his house in Village Dubawal, Police Station Sarai I