( 1 ) APPELLANT Ashiq Lal was convicted by Sri J. M. Srivastava, the then III Addl. Sessions Judge, Fatehpur vide his judgment and order dated 6-8-1980 and was sentenced to 7 years R. I. under Section 304, (II), I. P. C. Feeling aggrieved by the said judgment, he has come up in appeal before this Court. 4. The prosecution story, briefly stated, is as follows :one Banwari had three wives. The eldest was Smt. Ratania, second was Smt. Nanki P. W. 2 and the third was Smt. Maharajiya deceased. He had no son out of any of these three wives. The first wife Smt. Ratania died long ago. Smt. Ratnia left behind her two daughters namely, Smt. Sukhi and Jaggi. The accused appellant Ashiq Lal was the son of Sukhi. The other accused Kishori Lal, (who has since been acquitted by the trial Court itself) was the son of Smt. Jaggi Banwari died about two years prior to the occurrence of this case some where in the year 1976. He left behind Smt. Nanki PW 2 and deceased Smt. Maharajiya as his surviving wives. Banwari owned about 5-6-Bighas of land. After the death of Banwari Smt. Nanki and deceaed Smt. Maharajiya took half share each in the properties of Banwari. They lived in separate r