JAHAGIRDAR, J.:- The appellant-accused has been convicted by the learned Sessions Judge of Chandrapur in Sessions Case No. 39 of 1976 for an offence punishable under S. 304, Part II, of the I. P. C. and has been sentenced to rigorous imprisonment for three years. The accused was actually charged with the offence of murdering his wife under S. 302 of the I. P. C. Curiously an alternative charge was also framed under S. 326 of the I.P.C. which was totally unnecessary when the higher charge of Sec. 302 of the I. P. C. has already been framed.

2. The accused was charged with beating his wife and causing her injuries which ultimately resulted in her death. Accused was a resident of village Pimpalgaon in Warora tahsil of Chandrapur district where he was residing along with his wife Yamuna and three children. Rupchand is the eldest of the three children, he having a younger sister Maya and a younger brother Chandralal. On 11th Dec. 1975, says the prosecution, Rupchand was going along with his younger sister Maya to Brahmapuri bazar to sell brinjals. When he had gone for a short distance his younger brother Chandralal came running after him and informed him that his mother was lyin