( 1 ) DELIVERING the judgment and order dated 20/11/1987, in Sessions Case No. 147 of 1986 on his file, the then learned Additional sessions Judge at Surat, convicted the appellant of the offence under Sec. 302, Indian penal Code, and sentenced him to life imprisonment, consequent upon which the present appeal has been preferred.

( 2 ) IN short, it is the case of the prosecution that Ramdas Fojabhai, the deceased, was the brother-in-law (Banevi) of the appellant. The deceased was said to have illicit relations with the appellants wife. As the appellant was under the impression that his wife and the deceased had carnal relations, he was afflicted and chagrined. He had hence developed and ill-bred retaliatory whims. He was, therefore, hovering as he wanted to get rid of such plaguy unchaste affairs. On 16/06/1986 at 8- 30 p. m. at Mubarakpur when the deceased was going to tether his goat in the house of Emlo, the appellant armed with an axe, ran amok on the deceased, and by axeblows he caused fatal injuries to the deceased to which he succumbed on the spot. The appellant on being advised by the police patel went to the police station and lodged the complaint. The poli