A. K. SHRIVASTAVA, J.

( 1 ) PEELING aggrieved by the judgment of conviction and order of sentence dated 9-3-1998 passed by additional Sessions Judge, Sehore Camp ashata in Sessions Trial No. 77/97 convicting the appellant under Sections 302, IPC and sentencing him to suffer Rigorous imprisonment of life and fine of Rs. 5,000/-, in default of payment of fine, further RI of six months, this appeal has been preferred by the appellant under Section 374 (2) of code of Criminal Procedure, 1973.

( 2 ) IN brief, the case of prosecution is that complainant-Durga Bai is the wife of appellant and got married to him 4-5 years prior to the date of incident. Jasoda Bai (hereinafter referred to as 'the deceased') is the mother of complainani-Durga Bai and used to go to the house of her daughter Durga bai frequently. The appellant was having certain doubt about the character of his wife as well as of deceased. The appellant was insisting his wife not to go to the house of her mother.

( 3 ) TWO days earlier to the incident, appellant brought an axe, embedded wooden stick in it and kept it in the house. On the date of incident when appellant went to his work place as he is a labourer, he warned the

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