B.C. Chakrabarti, J. :- This is an appeal against an order of convic-tion under S.302 of the Penal Code passed by the learned Additional Ses-sions Judge, Nadia in Sessions Trial No.3 of December 1979 sentencing the appellant to imprisonment for life.

2. The appellant was accused of mur-dering his wife Sabita alias Chhabi Rani. The prosecution case shortly put is as follows : The appellant Mahadeb Ghose and his wile Sabita lived sepa-rately from the mother of the accused since Sabita was not pulling on well with her mother-in-law. The appellant works at Dhubulia which is at a dis-tance of about 50 miles from village Bhabanipur where the victim resided. On 9-8-1978 the accused came to the village and was seen leaving the village along with his wife Sabita at about 3.30 p.m. by PWs 10 and 11. PWs 10 and 11 are residents of Bhabanipur. On their query the accused gave out that they were going to the place of their Guru while the wife gave out that they were against to the place of work of the appellant. Sometime later at about 5 p.m. the accused and his wife were seen by PWs 3 and 4 at a place known as Karuigachhi. There also the prosecu-tion case is that the accused gave out to