Judgment

Thomas, J.-In this case of uxoricide the husband was found guilty by the Sess­sions Court but the High Court found him not guilty and acquitted him. That judgment of the High Court is in challenge in this appeal by special leave.

2. Prosecution case can be compendiously stated thus. The deceased “Omwati” was the young wife of the respondent-accused. They with their two little children were living together in the house of the respondent. Intermittent skirmishes used to erupt between them as the wife was accusing the husband for dissipating his money on alcoholic drinks. During the wee hours of 8.2.1970 respondent inflicted blows with a Phali (a spade like agricultural implement) on the head of the deceased. Her skull was smashed and she died on the spot. PW 2 (Ramey) who was working in the adjacent field, on hearing the screams of the deceased, rushed up and peeped through the window and witnessed re­spondent thrashing his wife with the said weapon. PW 2 made a hue and cry and some of the neighbours who heard the noise, ran to the place of occurrence. As the door of the room was bolted from inside they broke it open, over-powered the berserk assailant and trussed him up on a