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 came back to his house with Krishan Nair. With his assistance he took his wife to the kitchen and suspended her from the rafter on the ceiling using her saree as the ligature. Thereafter they closed the door and went out only to return a little later. Reaching the house they gave an impression that the door was locked from inside and, accordingly, broke it open. They then, brought the deceased down after untying the saree by which she was hanging and laid her on a cot. Then the appellant along with his mother and brother Prem Kumar (P.W.9) took the deceased to the General Hospital where Dr. Sharaffuddin (P.W.14) examined her and declared her dead.

(b) An information about the death of Lalithambika was sent to his brother Prabhakaran (P.W.1) in that night. He became suspicious as to the manner of the death of his sister as he was told that she was electrocuted. P.W.1 passed on the information to his sister Rajeshwari Amma (P.W.2) at Thirumala and then went to the house of the appellant. On the following morning he lodged a report at the Vanchiyoor police station where a case of suspicious death was registered. Shri S. Sasikumaran Nair (P.W.15), Additional District Magistrate of Thiruvananthapuram held inquest upon the dead body and thereafter sent it to Forensic Medicine Department of the local Medical College for conducting autopsy Dr. Sreekumari (P.W.16), an Assistant Professor of Forensic Medicine, held autopsy upon the dead body and submitted her report. Later on the investigation was taken over by C.I.D. and on completion thereof charge-sheet was submitted.

4. The appellant pleaded not guilty to the charges and his defence was that his wife was not on cordial terms with her family as she wanted to dispose of her share in their ancestral property to which objection was raised by her brother Prabhakaran (P.W.1) and sister Rajeswari Amma (P.W.2). Because of the strained relationship with members of her family she was undergoing great mental tension even though she had a happy conjugal life. It was the further defence of the appellant that on the date of the incident when he returned from the office in the afternoon he found her crying and on enquiry she disclosed that it was the Pulakuli day of her aunt. He then pacified her and took her to the temple. After returning home around 7.45 P.M. when he was watching television Remya said that she was feeling hungry. He then took her to his parents house as food was not readily available in his house. After feeding her when he came back home he found the door closed and lights switched off. He knocked the door violently but did not get any response from his wife. With the help of neighbours when he broke open he found his wife hanging from the rafter of the kitchen. By untying the saree he brought her down an