(Delivered by Justice Om Prakash-VII)

This Criminal Appeal has been filed by the appellant Uma Shankar against the judgment and order dated 25.8.1986 passed by the District & Sessions Judge, Kanpur Dehat in Sessions Trial No. 124 of 1985 State Vs. Uma Shankar, under Section 302 IPC, Police Station Bhognipur, district Kanpur Dehat whereby the accused appellant has been found guilty of the offence under Section 302 IPC and has been convicted and sentenced for life imprisonment.

The prosecution story in a nut shell is as follows :

On 17.3.1986 a written report scribed by one Taresh Kumar and signed by informant Jokhey Lal was lodged at the Police Station concerned mentioning therein that deceased Prem Shankar's wife's sister had married the brother of the accused Uma Shankar namely Vijay Shankar. Deceased Prem Shankar and accused Uma Shankar both were cousins. Vijai Shankar at that time used to live in Delhi for earning his livelihood. On 16.3.1986 the deceased had come at Pukhraya. The accused, Uma Shankar, who is the nephew of the informant, then asked the deceased as to whether or not he had sent a letter to his brother Vijai Shankar regarding sale of the house, and it was