1. - By his judgment dated April 26, 1977 the learned Sessions Judge, Jodhpur convicted the accused Anant Ram Under Sections 304, Part I and 450, IPC and sentenced him to ten years' rigorous imprisonment on the first and five years' like imprisonmnent on the second count. Both the sentences were directed to run concurrently. The accused has comeup in appeal to challenge his conviction and sentence.

2. Briefly recalled, the fact and circumstances leading to the prosecution and conviction of the accused are that the deceased-victim Smt. Manjula was the wife of PW 1 Gokul Prasad. Gokul Prasad was employed in the Fire-brigade Unit of the Municipal Council, Jodhpur. The accused was also employed there in the same unit. The accused picked up friendship with Gokul Prasad and started visiting his house. Gokul Prasad started treating the accused his younger brother. At the relevent time in June, 1976 Gokul Prasad was living with his wife and children in Pratap Nagar Colony, Jodhpur. On June 17, 1976, Gokul Prasad left the house and went on duty to Siwanchi Gate, Jodhpur, at about 1.00 P.M. on that day the deceased-victim Manjula was sleeping on the floor of a room in her house along