( 1. ) THE appellant has filed this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment passed by IIIrd Additional Sessions Judge, Chhindwara, in Sessions Trial No. 102/89 on 30-4-1990, by which appellant has been convicted for offence punishable under Section 306 of the Indian Penal Code, and sentenced him to undergo five years rigorous imprisonment and fine of Rs. 2000/-, in default, to further undergo one year rigorous imprisonment.

( 2. ) BRIEFLY narrated, the prosecution story is : The appellant and Gaurabai had married to each other 13 years back and they were having four sons. The appellant was residing with his family in his house situated at his farm. On 13-5-88, Gaurabai wife of appellant, committed suicide by jumping into the well along with four sons. As per prosecution story the dispute between husband and wife was going on since last two months. On 13-5-88 also some dispute occurred between appellant and deceased and as per Champabai (P. W. 1) deceased told to her that appellant slapped her twice in the morning, because she (deceased) has not prepared the food in time and also told her that he will perform second marriage a