Nandita Dubey, J.

The appellant was convicted by the trial Court under Section 302 of the I.P.C. for having committed the murder of Jamnabai and sentenced to undergo life imprisonment for the offence under Section 302 of the I.P.C. with fine of Rs.1,000/- and a further three months rigorous imprisonment in default of the same in S.T. No. 38/2004, by Additional Sessions Judge, Burhanpur, which judgment is under challenge in this appeal.

2. On 04.10.2003, at about 3.15 P.M., a report (Ex. P-6) was lodged by Village Patel Raghuveer Prasad (P.W.-4) to the effect that about 8 O'clock in the morning, he was informed by Parwatibai (P.W.-1) that Jamnabai, wife of Laxman Gond has died. On receiving this information, he alongwith Nor Singh @ Nar Singh (P.W.-5), Gokhariya and Kuwar Singh (P.W.-6) went to the house of Laxman Gond, where the dead body of Jamnabai was lying. Laxman, when asked about the same had disclosed in presence of above mentioned persons, that in the previous night at their field around 9 O'clock, his wife Jamnabai was fighting with him, so he hit her with wooden stick, thereafter he brought Jamnabai to the house in bullock cart and went off to sleep. In the mornin