JUDGMENT

GOSWAMI, J.:—Deceased Minakshi is the wife of the accused Umedbhai Jadavbhai, who is the appellant in this appeal by special leave against the judgment and order of the Gujarat High Court. He was acquitted by the Sessions Judge, but on appeal by the State, the High Court convicted him under Section 302 I.P.C. for murder of his wife and sentenced him to imprisonment for life. Minakshi was a young girl of 20 years and was married to the accused on June 30, 1972. On the very day of marriage, she cames to the house of the accused an returned to her parents house at Umalla after about 5 or 7 days. She was sent back to Panolkampa to the house of the parents-in-law on or about October 14, 1972 From Panolkampa, she came to the house of the accused at Zadeshwar on 19-11-72 and she was to leave for Umalla, her parents place on 21-11-72.

2. On the night between 20th and 21st November, 1972 at about 3.30 A. M., the neighbourhood was alerted by the accused shouting from his Agasi (terrace) "Run, Run, thieves have entered". Immediately Mahalaxmi (P.W. 4) whose house was almost opposite to that of the accused with a path intervening and who was talking in her courtyard to the house of th