Narayan, J.

1. This is an appeal by one Chetu Mushar who has been convicted under Section 302, Penal Code, by the learned Sessions Judge of Monghyr for the murder of his wife Musammat Sarbatia and sentenced to transportation for life.

2. The short case put forward by the prosecution was that at about 10 a. m. on 15-1-1951, Musammat Sarbatia shouted in her room that she had been killed. She ran out of the room, but fell down in the angan. The accused, however, followed her from the room with a bloodstained tengari in his hand, Rameshwar (P. W. 2) who also lived in the same angan raised an alarm, and then his brother Dhaneshwar (P. W. 1) came to the angan and found Musammat Sarbatia fallen on the ground. The accused was standing there with the tengari in his hand. Rameshwar and Dhaneshwar then Snatched the tengari from his hand and took him to the house of one Bishwanath who directed Rameshwar to bring the chaukidar. The village chaukidar then came to the house of the accused and after having been told about the occurrence went to the thana and lodged the first information. The Sub-Inspector after recording the first information report took up the investigation, and after the