FACTS : Karamshi Vasaram had four sons Arjan, Nathu, Laxman and Teram, who were living separate from each other. However, Karamshi Vasaram with his wife was living with his son Nathu. Since last 4 or 5 years before the day of the incident which took place on 7-7-1963 at the village Kanatalav, Karamshi and one Bai Uji a widow had developed illicit intimacy to the extent that the fact had become the talk of the village. About 8 or 9 months before the incident Bai Uji had left Kanatalav and had one to stay at the village Nit all where she used to work in the fields. About 3 or 4 months before the incident Karamshi also had left the village and went to live in Jesar where he had started a shop with one other person. They used to visit each other, and sometime after both of them entered into a marriage styled as "Ghargharna marriage" with the result that Bai Uji left Nitali and began to live with Karamshi at Jesar. Three or four days before 7-7-1963 when the incident took place Karamshi had come to Kanatalav.

At about 12 noon the appellant, a son of Bai Uji, and accused No. 2 armed with axes, are said to have given some blows as a result of which Karamshi fell down bleeding from