JUDGMENT

YOGESHWAR DAYAL, J.:—Special leave granted.

2. The appellant before us was tried for an offence under S. 302 of the Indian Penal Code on the allegation that he murdered one Krishna Pillai at about 2.30 p.m. on 12th February, 1990 at his premises at Kattampakku Kara within the jurisdiction of Kaduthuruthy Police Station. The trial Court, however, found, him guilty under S. 304, Part 1 and sentenced him to rigorous imprisonment for five years The High Court, on appeal, confirmed the conviction but reduced the sentence to three years.

3. The accused is a goldsmith. He has a wife Bhavani. They have four children. Bhavani was having illicit relations with the deceased. The accused was also aware of the extra-marital relationship of his wife and there used to be quarrels between the appellant and his wife. There was even a scandal that Abhilash is the son of Krishna Pillai and Abhilash was sent to reside with the parents of the appellants wife.

4. On 12th February, 1990 the accused left his house in the morning to attend a marriage. The children had gone to school. At about 2.30 p.m. the deceased came to his rubber plantation, which is near the house of the appellant and called his