JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court dismissing the appeal filed by the appellant questioning his conviction or offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentence of imprisonment of life and fine of Rs.30,000/- with default stipulation.

3.Background facts in a nutshell are as follows :

“Adivamma (PW-1) is the mother and Mandapate Rullaiah (PW-2) is brother of Nagandla Pichamma (hereinafter referred to as the ‘deceased’) brother of the deceased. The deceased, the accused and the other material witnesses lived in Martur. The deceased belonged to Byneedi Madiga by caste, whereas the accused belongs to Muslim community. The deceased was a deserted lady and she developed illicit intimacy with the accused and gave birth to a female child. She was residing in a thatched house situated adjacent to her parents’ house. During the life time of deceased, the accused used to harass and beat the deceased suspecting her fidelity. On 31.10.1998 at about 9 p.m., while the deceased was watching the T.V. programme in the house of Venkata (PW3), the accu