( 1 ) THIS appeal has been preferred against orders of conviction and sentence dated 24-3-1981, passed by VII Additional Sessions Judge, Kanpur in ST. No. 41 of 1980, State v. Sheo Chandra Singh, by which the appellant has been convicted under Section 302, IPC and has been sentenced to undergo imprisonment for life.

( 2 ) ACCORDING to prosecution, the occurrence did take place on 15-12-1979 at 12-00 a. m. noon. The FIR was lodged on the same day at 3-30 p. m. at police station Bindhnu, District Kanpur, which is at the distance of 7 miles from the place of occurrence. FIR was lodged by Sarju Singh containing the fact that his son Udai Bhan Singh had gone to field to irrigate land from canal in Bhainsahi Har of village Kalyani Purwa on 15-12-1979. At about 12. 00 noon when he was preparing Nali, appellant Sheo Chandra Singh, resident of his village went there and raised objection. He insisted that he would irrigate the land. Exchange of hot talk did take place when Chandra Bhan Singh and Ravi Bhan Singh, other two sons of informant Sarju Singh, reached there. Kallu Singh and Ram Gopal Singh, who were going on bicycle on the patri of the canal, also reached there but She