Judgment

KHANNA, J.:- Nika Ram (34) was convicted by learned Sessions Judge Mahasu under section 302 Indian Penal Code for committing the murder of his wife Churi (26) and was sentenced to death. On appeal and reference under section 374 of the Code of Criminal Procedure, the High Court of Himachal Pradesh confirmed the conviction and death sentence. Nika Ram has now come up in appeal to this Court by special leave.

2. The prosecution case is that Nika Ram was married to Churi deceased near about 1958. In 1964 Churi gave birth to a son named Joginder. Nika Ram considered that Joginder was not his son and had been born as a result of adulterous conduct on the part of Churi. When Joginder was three months old Churi and Joginder were sent to the house of Churi s mother Smt. Nagju (PW 2) in village Gani. Churi on arrival at her mother s house told her that the accused had not been treating her well. After Churi had stayed at her mother s house for about three or four years, the accused paid visits to her and wanted to take Churi to his house. The accused, however, declined to take Joginder with him. At the suggestion of Nagju, Churi, Joginder and Nagju came to the house of the accused in