SHREE CHANDRASHEKHAR,J. - (1.) The sole appellant has been convicted and sentenced to R.I for ten years and fine of Rs.2,000/- under section 304 Part-I I.P.C.; in default of payment of fine he is directed to undergo R.I for further one year.
(2.) A First Information Report was lodged on 07.12.1990 under section 302 I.P.C against the appellant on the basis of the fardbeyan of Sakiran Bibi, mother of the deceased, namely, Alima Bibi. In the fardbeyan, the informant has stated that about 3 years prior to the incident her daughter -Alima Bibi was married to the appellant. The appellant was sitting idle and, therefore, he was thrown out of his house and he started living with his wife at his in-laws' place (sasural). There also the couple used to fight. The reason for the quarrel between the couple according to the informant was that the appellant not doing any work to earn his livelihood. At about 1:00 p.m on 07.12.1990 when the appellant was sitting in the backyard of the informant's house a quarrel took place between him and his wife. The informant has stated that at that time her daughter-in-law was also present in the house. They were trying to pacify the appellant, however, he did not listen to them and suddenly brought an Axe (Tangi) and assaulted Alima Bibi on her head, thrice. In the fardbeyan the informant has asserted that she has seen the incident happening before her eyes.
(3.) After the investigation, a charge-sheet was submitted against the appellant and he was sent up for trial on the charge of committing murder of his wife, Alima Bibi. During the trial, the prosecution has examined 13 witnesses; the informant is P.W.7.;