S. K. Kaul, J.

1. THIS unfortunate occurrence is connected with the accused- appellant who committed murder of his own wife Smt. Jasoda. Admittedly, Gur Prasad, son of Jangli, used to live in village Mawai Brahman along with his wife. Villagers used to patrol every night in village in between the night of 12th and 13th of December, 1972, Naththa, Matra, Babu Ram Pandit, Faruq, Kifayat and others were on patrol duty. They finished patrol duty at about 4 a. m. at the house of Sheo Nandan Pradhan. Most of them were armed with Torches When some of them went towards the east of the house of Sheo Nan- dan Pradhan towards their houses and when they reached near the door of Sheodin, whose house is situate to the east of the house of Gur Prasad, they heard some noise coming from the house of Gur Prasad. Hearing this noise, these four persons stood on the Chabutra of Sheodin and when they flashed the torches, they found Gur Prasad giving sickle blows upon his own wife. These persons rushed towards the house of Gur Prasad and on their persistent knocking, Jangli, father of Gur Prasad, opened the door. The witnesses went inside the house and found the accused having come out of the Kot