L.C. Bhadoo, J.

1. The accused/appellant has preferred this appeal under Section 374(2) of the Code of Criminal Procedure, being aggrieved by the judgment dated 16th August, 1996, passed by the Additional Sessions Judge, Dhamtari, in Sessions Trial No. 160/1994, whereby the learned Additional Sessions Judge after holding the accused/appellant guilty under Section 302 of the IPC for committing the murder of his own wife namely, Radhika Bai, sentenced him to undergo imprisonment for life and further to pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year.

2. Briefly stated, the prosecution case is that in the intervening night of 1st & 2nd February, 1994, at about 11.30 p.m. the accused/appellant along with his father Mehtaroo and Rama Nai went to the house of Kumar, brother in law of the accused/appellant, knocked his door, when he came out of the house, accused/appellant Puran informed him that his wife Radhika Bai (since deceased) was having illicit relations with one person, to day he saw her with that person in a compromising position, but, that person ran away from his house, then he picked up a wooden handle of pi