JUDGMENT

Mukherjee, J.-Rajendran Nair, the appellant before us, along with his brother-in-law Krishnan Nair was placed on trial before an Additional Sessions Judge of Thiruvananthapuram to answer charges under Sections 302 and 201 I.P.C. and Sections 302/34 and 201/34 I.P.C. respectively. The trial Court convicted them of both the offences and aggrieved thereby they preferred an appeal in the High Court. While acquitting Krishnan Nair, the High Court upheld the convictions of the appellant. Hence this appeal at his instance.

2. The appellant married Lalithambika (the deceased) on October 26, 1984 and a daughter Remya was born to them on August 13, 1985. They used to reside in a small house on the northern side of Kozhiyodu Lane within the limits of the Thiruvananthapuram Corporation. Krishnan Nair and the parents of the appellant lived in separate houses nearby.

3. (a) According to the prosecution case on November 16, 1989 around 8.00 P.M. the appellant slapped the deceased on her cheek and when she sat down on the floor he kicked on her chest, as a result of which she became unconscious. The appellant then went to the house of his parents with his daughter and leaving her behind cam