S.M. SIKRI, J.
1. Leave to appeal in this case was limited to the question of sentence. The High Court, agreeing with the learned Sessions Judge, confirmed the conviction and sentence of death. The only question before us is whether the appellant should not be sentenced to imprisonment for life.
2. The relevant facts for the determination of this point are as follows: The appellant was tried, alongwith Allah Bux, for murdering his wife, Jaddoo. According to the prosecution both Allah Bux and the appellant committed the murder but the High Court acquitted Allah Bux.
3. The appellant and his wife lived in one room on the ground floor of the house situated in Gulaothi town in police circle Gulaothi, district Bulandshahr. Its owner, Asif, PW 1 lived on the first floor with his family. The murder of Jaddoo, was committed at about 11-30 a.m. on June 18, 1968. The post-mortem examination revealed that she died of two incised wounds, one on the left side and the other on the front of her neck. It appears that according to the prosecution there was illicit intimacy between the deceased and Allah Bux due to which the appellant was often heard quarrelling with the deceased and Allah Bux. On the day of the occurrence at about 11-30 a.m. Asif, PW 1, on hearing shrieks of Jaddoo ran downstairs and saw the appellant bending over the deceased and cutting her neck with a butcher's knife while Allah Bux was pressing down Jaddoo by sitting on her legs and holding her hands. Another witness, Rahmat, also came down the staircase hearing the shouts of the deceased and witnessed the incident. As we have already mentioned, the High Court has given the benefit of doubt to Allah Bux.
4. There is no evidence as to the origin of the quarrel. Something must have happened between the appellant and the deceased and Allah Bux, which infuriated or led the appellant to commit the murder. None of the eyewitnesses were present at the origin of the quarrel and it seems to us that in view of the intimacy between Allah Bux and the deceased it may be that something was said or happened which led the appellant to commit the murder. The High Court has not examined this aspect and we are of the view that in view of circumstances abovementioned the extreme penalty should not be inflicted on the appellant.
5. We accordingly accept the appeal to this extent and alter the sentence of death to one of imprisonment for life.