1. - This appeal has been filed by accused Meghraj alias Bhhotiya who has been convicted by Sessions Judge, Jodhpur under S. 302 I. P. C. for Committing the murder of his own wife Pushpa.

2. Pushpa deceased was first married to Ramdeo. The couple last rest dead at Lucknow in U. P. Ramdeo and Pushpa's marriage resulted in birth of two daughters and one son, one of them being P. W. 1 Savitri. Ramdeo expired. Pushpa then came to Jodhpur. Pushpa after coming to Jodhpur resided with the accused as Natayat along with three children from his earlier husband Ramdeo.

3. On March 25, 1979, the accused took a Malia on rent from Mohanraj (P. W. 5.) Pushpa and the three children started living in this Malia.

4. On March 27, 1979 at about 4 P. M. in the afternoon, it is alleged that the accused had an altercation with Pushpa on the paternity of the child which was in the womb of Pushpa, as accused suspected that she was carrying child to the womb of some other person who was the real father. It is alleged that the accused suggested Pushpa that she must have abortion but Pushpa refused, as according to Pushpa it was the accused who was the father of this child and no one else.

5. It is alleg