DAUD, J. :- This appeal takes exception to the conviction and sentence recorded against the appellant for the offence punishable u/S. 302 of the Indian Penal Code.

2. The prosecution case is that the deceased Ratan was wedded to the appellant Jeevan about 10 to 15 years prior to July 1987. The couple were in the employ of P.W. 2 Raju Patil who was doing dairy business in the name and style of Kapila Dairy Farm at Mundhava, Pune. Patil owns a big herd of buffaloes and the business being on a somewhat large-scale, requires a retinue of servants. Ratan and Jeevan were part of the staff and were given accommodation at the farm, their quarter being Room No. 2. Relations between Jeevan and Ratan were strained and not cordial. Jeevan was addicted to drinking and possibly drugs also. He had a suspicious nature and was always short of money. The natural peevishness used to be given expression at all times irrespective of the place and situation. On 12-7-1987, the couple had been to a movie and the boorishness exhibited by Jeevan on that occasion had led to a heated exchange between the spouses. The quarrel continued even after the couple returned home. Within two or three minutes of