1. - This is a jail appeal by accused Ganpat against the judgment of the learned Sessions Judge, Merta dated May 10, 1979 convicting the appellant under Section 302 and 309, Indian Penal Code and sentencing him to imprisonment for life with a fine of Rs. 2,000/-, in default of payment of fine to further undergo six month's rigorous imprisonment on the first count and six month's simple imprisonment with a fine of Rs. 1,000/-, in default of payment of fine to further undergo three months' like imprisonment on the second count.

2. The charge against the accused is that he committed murder of his wife Smt. Dhapuri, aged about 22, years in the afternoon of 21-8-73 in his village Kod, Tehsil Degana, District Nagair. Briefly stated, the prosecution case is that at about 4 P.M. on that day Mst. Dhapuri was taking bath in her house. The asked her to wash his clothes. She refused to do so and abused the accused. The accused lost control & struck blows with an axe to Mst. Dhapuri resulting in multiple injuries some of which were on head. Mst. Dhapuri did not survive and passed away instantaneously. The accused ran from there & went to his well, where his mother was working. He droppe