Judgment

JUDGMENT:- This is an appeal under Section 379, Cr. P.C. read with the provisions of SC ( Enlargement of Criminal Appellate Jurisdiction) Act, 1970. The appellant (original accused N o I) was tried along with Bai Shohtu, a lady (original accused No. 2) under Section 302 read with Section 34, I.P.C. but acquitted. The State preferred an appeal to the High Court against the said. order of acquittal. The High Court. however; confirmed the acquittal of A-2, but convicted the appellant herein under Section 302. I.P.C. and sentenced him to imprisonment for life.

2. The prosecution case is as follows:

The deceased was the wife of the appellant. It is alleged that the appellant was having illicit relationship with accused No. 2 and therefore there was some misunderstanding between the appellant and the deceased. On the day of occurrence, i.e. on 24th December, 1972 at about 7.30 a.m. when the deceased was going for her work, accused No. 1 came there and gave her knife blows and accused No. 2 caught hold of the deceased and started beating her. On hearing some cries, people gathered and in the meantime the accused ran away. This occurrence was witnessed by PW- 2, the daughter and the