In cases of murder, if the accused is provoked by grave and sudden provocation, the offense may be reduced to culpable homicide not amounting to murder under Section 304 Part I IPC.

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 Kothri after having murdered his wife. He had a sickle in his hand. Sambhar Chaukidar took possession over the sickle. Witnesses found Smt. Jasoda lying dead inside the Kothri. The Kurta and the Langot of the accused were soaked in blood. Sambhar, accompanied by Matru, Babu Ram and Naththa as well as taking with him accused and sickle, went to Beni Ganj where Sambhar dictated FIR on 13th of December, 1972, at about 9 a. m. The distance between the village in question and the police station Beni Ganj is 8 miles. We may note specifically that apart from other details that were mentioned in the FIR, on enquiry from the accused as to why he had committed the murder of his own wife, Gur Prasad replied that she had become immoral. She was not listening to his advice. He had, therefore, finished the matter once for all. Mohammad Razi, ASI, took up investigation. He interrogated Sambhar at the police station, He also interrogated the accused. He then went to the scene of occurrence and found the dead body of Smt. Jasoda lying inside the Kothri. He prepared the inquest report relating to this dead body and sent it for autopsy. Autopsy upon the body of Smt. Jasoda was performed by Dr. C. L. Chaudhary, Medical Officer Incharge, Sandila, Hardoi, on 14th of December, 1972 at 3.30 p. m. The following ante-mortem injuries were found upon the dead body :-

2. THE internal examination revealed that carotid artery and vein on the left side were cut below injury No. 1 along with other vessels. He also found that this woman was carrying 4 to 5 months child. Cut injuries, according to Dr. Chaudhary, were caused by sharp-edged weapon like sickle. Death, according to Dr. Chaudhary, of Smt. Jasoda, was caused due to injury of the neck which, in his view, was sufficient in the ordinary course to cause death.

The Sub-Inspector took possession over blood-stained and nearby plain earth. He also took possession over blood-stained Kathri vide Ext. Ka- 9. He interrogated witnesses and prepared a site-plan with their help. After completing investigation, a charge-sheet was submitted against the accused and on that basis, he was asked to stand his trial under Section 392 IPC.

3. THE accused in his statement recorded before the Sessions Judge, admitted that Smt. Jasoda was his wife and she used to reside with him. He stated that he had given Hansiya blows upon his wife. Ultimately, his contention was that Smt. Jasoda had run away several times. He was extremely perturbed on that account. On account of bad character of his wife, he too had to face danger and was also beaten. He had kept patience, but his wife had again run away. She was absent throughout the night. In the early hours of the morning when she returned, he gave Hansiya blows upon her.

4. THE learned Sessions Judge, on an appr