( 1 ) RAM Awadh has preferred this appeal against the judgment and order dated 22-4-1991 of the learned Sessions Judge, Basti in S. T. No. 105 of 1990 by which he has been convicted under Section 302, IPC and has been sentenced to imprisonment for life.

( 2 ) THE case of the prosecution, in brief, is that the appellant Ram Awadh is resident of village Banjaria within Police Station Khalilabad in the district of Basti. At about 12 a. m. on 5-6-1990 the appellant assaulted his wife Smt. Budhna with a gandase. She raised alarm on which the complainant Rasiyawan who happens to be a collateral of the appellant, Chattarpal, Sriram and several others rushed to the spot. However, before these people could reach the spot, the appellant had succeeded in giving several blows to his wife who fell down dead. The appellant was apprehended on spot by the village people. Gandasa was also taken into custody. Thereafter Rasiyawan lodged a written report of the occurrence at 3. 50 p. m. on 5-6-1990 at 8 km. distant P. S. Khalilabad.

( 3 ) THE report was lodged in presence of PW 6 Paras Nath Pandey, S. I. of P. S. Khalilabad. He proceeded to the spot after recording the statement of R