JUDGMENT

Dr. Anand, J. :- This appeal, by special leave, has been filed by Shivappa s/o Bundappa who was accused No. 2 in the trial Court and appellant No. 2 in the High Court and is directed against the order of the High Court of Karnataka dated 21st September, 1990 upholding his conviction and sentence for the offence under Section 302, IPC. The appellant alongwith Smt.Sudha (A1) and four others were tried for various offences in connection with the murder of Suresh Singhi on 4-12-1986 at about 3.00 a.m.

2. According to the prosecution case Smt. Sudha (A1) was working as a Nurse in the Primary Health Centre at Ullagaddi Khanapur. She was married to the deceased-Suresh Singhi. The deceased used to live at Belgaum but used to visit his wife. A1 at Ullagadi Khanapur, where she was working, quite often. The appellant Shivappa was working as Health Guide at the Primary Health Centre at Ullagaddi Khanapur. The husband of Sudha was addicted to drinking and there used to be frequent quarrels between the couple. In order to raise money for buying liquor, the deceased used to sell household articles,if he could not get cash from his wife. The deceased also suspected his wife to be having i