Judgment

KAPUR,J. : (On behalf of himself and K. Subba Rao and J. C. Shah JJ.) This is an appeal against the judgment and order of the High Court of Bombay imposing the sentence of death in appeal by the State against the order passed by the Sessions Judge, Dhulia. The facts of the appeal are these:

The appellant, in about 1950, married Sindhubai, the daughter of Chandrabhagabai. Sindhubai who is the deceased had read up to the 7th Standard. The appellant and Sindhubai were residing in a one room tenement in a house belonging to one Tavar pleader in which there are in all 12 to 15 tenements. The tenement of the appellant was not very far from that of the appellant s cousin Shantabai who was residing with her husband Pandu Genda and the house of Chandrabhagabai was about a furlong away from that of the appellant. The relations between the appellant and the deceased were normal for sometime but about two years before the occurrence differences had arisen and there were frequent quarrels between them. A child of the marriage was born about 1 1/2 years before the occurrence. The deceased was a frequent visitor to her mother s house to which the appellant took objection. The appellant had