Heard learned counsel for the appellant, learned AGA for the State and perused the record.

This criminal appeal has been preferred challenging the validity and correctness of the impugned judgment and order dated 13.1.1986 passed by the VII Addl. Sessions Judge, Gorakhpur in S.T. No. 124 of 1985 (crime no. 61 of 1984) whereby the appellant had been convicted for the offence punishable under section 302 IPC and has been sentenced to imprisonment for life.

The prosecution story in the FIR is that accused Sahabuddin and Nizamuddin were real brothers. Their father had died about 20 years back from the date of the incident and since then Nizamuddin (since deceased), who was physically challenged and unmarried person was living with his mother Smt. Jainulnisa, the informant. Accused Sahabuddin was living separately with his family. It is also alleged that few days prior to the incident Nizamuddin had expressed his intention to donate some portion of his house and his share of agricultural land to the masque. Therefore, Sahabuddin harboured ill will against his brother. The accused used to abuse Smt. Jainulnisa and Nizamuddin very often.

The incide