( 1 ) THIS appeal has been preferred by the accused-appellant, Babu Ram, who has been convicted for the offence, punishable under Section 302 I. P. C. by Sri M. K. Mittal, the then Sessions Judge, jalaun at Orai vide judgment and order dated 18. 8. 1999. The accused-appellant is in jail and from jail itself, he preferred this appeal.

( 2 ) THE facts giving rise to this unfortunate case are as under: the appellant is resident of village Dadri, P. S. Ata, district Jalaun. The deceased Smt. Sarman was his wife and Km. Kapoori was his daughter. The complainant-informant Mahipal Singh, resident of village Dhamni, P. S. Kotwali, Orai, district Jalaun was the brother-in-law of the accused-appellant.

( 3 ) ON 17. 11. 1994, the complainant-informant, Mahipal Singh came to the house of accused-appellant in routine manner to know welfare of his sister and other family members. Smt. Sarman told her brother that her husband, Babu Ram was still indulging in gambling and consuming liqour and was spoiling properties. She also told him that about 5-6 years back, her husband disposed of 15-20 Bighas agricultural land to meet out expenses of gambling and liquor consumption. The complai