Jaganmohan Reddy, J.

[1] This is an appeal by the accused against conviction under Section 304 para (1) of the Indian Penal Code and the sentence of 3 years R. I. passed by the Sessions Judge of Guntur. The accused was charged originally under Section 302, I. P. C., for the murder of his wife Mannem Lakshmamma by stabbing her with a knife and under Section 309 for attempting to commit suicide by stabbing himself with the same knife in his left abdomen.

[2] The prosecution alleged that the accused married the deceased after the death of his first wife eight years before the incident, but did not get on well with her. As a result the deceased came to live with her parents. The parents having come to know that the deceased was misbehaving with one Dhobi Narayana, P. W. 11. sent her away to Gudipudi, her husband's village.

The accused and the deceased visited her parent's house to attend the marriage of the deceased's brother and sister at Ponekallu and were staying in a portion of the house occupied previously by Ankamma, the deceased's uncle and his wife, who is the sister of the accused,

On the day of the occurrence except Gunji Thirupathamma, P. W. 3 one of the daughters of