ORDER

1. In this appeal by special leave the order of the High Court of Madhya Pradesh, Gwalior dated 23-9-2003 in Criminal Appeal No. 175 of 1989 has been impugned.

2. The appellant Gayadin was tried by the Court of IInd Additional Sessions Judge, Gwalior along with two other accused persons. The charge against the appellant was under Section 302 IPC. The second accused a Baijnath was the father of the appellant and the third accused was the brother of the accused. They were charged of the offence punishable under Section 201 IPC. The Sessions Judge acquitted all of them. Aggrieved by the same, the State preferred an appeal before the High Court and the Division Bench of the High Court was pleased to reverse the acquittal of the present appellant and found him guilty of offence punishable under Section 302 IPC for having b caused the death of his wife Kasturi Bai. The conviction and sentence against the appellant is challenged before us.

3. The marriage between the appellant and deceased Kasturi Bai took place at about 4/5 years prior to the incident. The prosecution alleged that the accused used to torture the deceased and there were frequent quarrels between the appellant and th