( 1 ) THIS appeal has arisen out of conviction dated 17. 8. 1977 recorded by Sessions Judge, Allahabad, who sentenced Ram Dhan appellant to life imprisonment under section 302 of the Indian Penal Code.

( 2 ) THE occurrence is said to have taken place in the night between 24/25. 9. 1976 at about 0. 30 hours in the Abadi of village Dubawal, police station Sarai Inayat Khan, District Allahabad. The F. I. R. of the case was lodged by P. W. 1 Raj Mani on 25. 9. 1976 at 6. 05 A. M. The police station is situated at a distance of about 9 Kms. from the place of occurrence. It is said that appellant Ram Dhan had illicit relations with the wife of deceased Lal Mani, who was the brother of P. W. 1 Rajmani. 2-3 days prior to the occurrence, Lal Mani had rebuked the appellant due to which during the night of 24/25. 9. 1976 at about 12. 30 hours, the appellant armed with Gandasa committed murder of Lal Mani who was at that time sleeping in his Osara in front of which a lantern was giving light. P. W. 1 Lal Mani and his brother-in-law P. W. 6 Shiv Ram who were sleeping nearby got awakened on account of shrieks of Lal Mani deceased, which also attracted P. W. 4 Udai and P. W. 5 Chh