( 1 ) THE following judgment of this Court was delivered by Hon'ble Chitra, J. For taking exception to the order of conviction and sentence passed against him by learned Sessions Judge, Shajapur in the matter of Sessions Trial No. 180/89, the appellant has approached this Court by preferring this appeal. Learned Sessions Judge, Shajapur had convicted the appellant for an offence punishable u/s 302, IPC and sentenced him to undergo imprisonment of life.

( 2 ) THE facts giving rise to the prosecution can be stated as hereunder in brief : the appellant was residing in village Pardakhedi along with his wife in the house of his father-in-law Bherulal 3-4 years prior to the date of incident. As per prosecution case in the night of the incident, he was sleeping in the house of Bherulal along with his wife and children. It is the prosecution case that appellant was having suspicion about the character of his wife Lilabai and on account of that, the quarrel took place between them in the night of the incident, art 3. 00 p. m. As per prosecution case the appellant assaulted Lilabai on her head, who was sleeping, with a grinding stone of floor mill. By hearing the noise created by the said ac

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