H.K.Chaudhuri, J.

1. Appellant Dasrath Paswan was convicted for the murder of his wife and sentenced to transportation for life by the learned Sessions Judge of Muzaffarpur. The trial was held with, the aid of four assessors, all of whom found the appellant not" guilty. The learned Judge disagreed with this opinion.

2. The prosecution case is that the appellant, a resident of village Etwarpur Pakri, was a student of class X. His academic record in school was unsatisfactory. He had failed at the annual examination for 3 years in succession. The deceased, his wife, was aged about 19 years. It appears that she was a literate woman. The appellant was very much upset at these failures. He took his last failure so much to heart that he left home and remained away from the village for about a week prior to the occurrence On return home after a week he told his wife that he had decided to end his life. His wife told him in reply that he should first kill her and then kill himself. This talk took place at about 8 a.m. on 13-6-55. That morning the parents of the appellant had gone out early in the morning to work in the fields and there was nobody else in the house besides the appell