S.N.Jha, J.

1. This judgment will govern both the reference and the appeal which arise out of the same judgment and order of the trial Court and, as such, have been heard together.

2. The sole appellant Jai Kant Tewary was put on trial and has been convicted and sentenced to death for having committed the murder of his wife, Manju Devi, in the wee hours of 24th April, 1988. The Fardbeyan was lodged by the Chaukidar, Ayodhya Paswan, at the place of occurrence which is the house of the appellant in village Mahuli within Khaira Police Station of Hunger district at 1 p.m. on the same day. Curiously, the Fardbeyan has not been brought on record. However, as would appear from the evidence of the prosecution witnesses, the appellant is said to have given three tengari blows on the neck of the deceased resulting in her death on the spot. The occurence is said to have been witnessed by the son, Ranjit Kumar Tewary, who has been examined as P. W. 3 in the case. According to him, he was sleeping near his mother at the time of occurrence, when his father i.e., the appellant gave two tengari blows and another after he woke up. PW 2 Sundara Devi, who is none else than own mother of the a