1. This appeal is directed by the State of Madhya Pradesh on being aggrieved by the judgment of the High Court of Madhya Pradesh at Jabalpur rendered in Criminal Appeal No. 1020 of 1973 whereby the High Court has allowed the appeal of the respondent and set aside the judgment of the trial Court convicting the respondent under section 302 IPC and sentencing him to undergo imprisonment for life.

2. According to the prosecution on May 23, 1973 at about 7 a.m. between village Deogar and Badpali the respondent-accused axed the deceased Andhi @ Sirmati to death which occurrence is stated to have been witnessed by PWs 1 and 2.

3. The deceased was the widow of the respondent's elder brother Birbal and after the death of Birbal the respondent remarried the deceased. Some time after the marriage, the respondent wanted to dispose of the immovable property which the deceased inherited from her first husband. The deceased did not agree to the proposal of the respondent. On account of this, the relationship between the spouses became strained. According to the prosecution, the refusal on the part of the deceased to part with the property was the proximate cause for the respondent to put an en