As per Hon'ble Shri Dhirendra Mishra, J. :-

1. This criminal appeal under Section 374 (2) of the Cr.P.C. is directed against the judgment of conviction and order of sentence dated 19-4-1994 passed in S.T. No.107/92 whereby learned 2nd Additional Sessions Judge, Durg after holding the appellant guilty of murder for causing death of his wife Shakun Bai, has convicted birr under Section 302 of the IPC and sentenced him to life imprisonment.

2. Case of the prosecution, in brief, as reflected from the report lodged by the appellant himself, is that he kept Shakun Bai as his wife and resided with her in a house situated at Barbaspur. The appellant sold his house and kitchen garden to one Kishan Gond. In the meanwhile, his wife had gone to Rajnandgaon to her parents. After a week she returned Barbaspur and started residing in the same house after breaking open the lock. When the appellant learned about this from Kishan Gond, he returned from Gunderdehi and persuaded her and on her refusal, he picked up a quarrel with her. Shakun Bai resided with her daughter Manju and son Sunil Kumar in the same house. She frequently visited her maternal uncle at Rainandgaon against the advise of th