(Delivered by Hon'ble Ravindra Nath Kakkar, J.)

1. This criminal appeal has been filed challenging the judgment and order dated 20.10.1981, passed by Session's Judge, Mirzapur, in Session's Trial No. 215 of 1980, convicting and sentencing the appellant under Section 302 I.P.C. to undergo life imprisonment.

2. Facts, in brief, are that complainant, deceased and accused persons belong to the same family and they reside together. Accused Gauri Shanker, Daya Shankar and Premchand are patidars and reside adjacent to the complainant residence. There is a dispute with regard to the boundary of their field. It transpires from the record that the parties had their cultivation in the village Chitawanpur and Baraipur long back 11 to 12 years ago. Partition took place between them and ever since the partition the parties were in possession of their respective plots except one plot in which both the parties were in possession thereof by half and half prior to this incident. On 5.7.1980 at about 3 p.m. deceased Kewla Shankar had gone to his filed where he weeded out unwanted plants and placed them on his mend which were blown by the wind to the field of the accused Gauri Shankar which i