ORDER :

1. By the judgment impugned dated 21st March, 1983 in Sessions Trial No. 185 of 1982, learned Vth Additional Sessions Judge, Allahabad convicted the accused-appellant for an offence punishable under Section 302 of Indian Penal Code and awarded sentence to undergo imprisonment for life term. Aggrieved by the same, this appeal is before us.

2. The case of the prosecution as unfolded in the judgment impugned is that on 22nd December, 1980, a criminal case was registered at Police Station Colonelganj, District Allahabad at the instance of Sri Devendera Nautiyal (PW1) son of the deceased. The contents of the first information report submitted by Sri Devendra Nautiyal are as follows:-

"This is humbly requested that my father was posted as Chief Personnel (P.T.) in B.P.C.L. Naini who use to travel to factory (P.T.) from house no. 420 Mumfordganj. Shri Ram Chandra Saroj, who was Casual Labour of B.P.C.L., came to my house on 21.12.1980 at 9 am and said my father "Sir, my family is starving now. Please get me reinstated in my job revoking my termination". On this, my father said "Look! I cannot do anything now". On this, Ramchandra Saroj left saying "Fine, now if you cannot do anything