Judgment

GROVER, J. :- The appellant was found guilty of an offence under Section 302, Indian Penal Code, and sentenced to death by the Sessions Judge, Kottayam. He filed an appeal to the Kerala High Court and a reference was also made for confirmation of the death sentence to that Court under S. 374 of the Criminal Procedure Code. We have already, by our order dated December 7, 1972 allowed the appeal to the extent of reducing the sentence to one of life imprisonment instead of death. We proceed to state our reasons for doing so.

2. According to the case of the prosecution one Gouri Amma who was a spinster was living along in Cheruvally village. She was stated to be living the life of sanyasini but, all the same, it was alleged that the appellant had illicit liaison with her. He lived separately in another house which was in the vicnity of the house of Gouri Amma. He had even lived with her for some time. Three years prior to the incident the appellant had to stay as a patient in the Mental Hospital at Trivandrum owing to some mental trouble. After return from the hospital he was not on good terms with Gouri Amma. It was alleged that he was labouring under the impression that his me