JUDGMENT:

S.B. SINHA, J. -- This appeal is directed against the judgment and order dated 23rd June, 2005 passed by a Division Bench of the High Court of Judicature at Madras in Criminal Appeal No. 937 of 1998 whereby and whereunder an appeal from a judgment of conviction and sentence passed by the Ist Additional District Judge-cum-Chief Judicial Magistrate, Erode dated 12th October, 1998 in S.C. No. 93 of 1998 convicting the appellant herein for commission of an offence under Section 302 of the Indian Penal Code as also under Section 201 thereof and sentencing him to undergo rigorous imprisonment for life and two years respectively, was dismissed.

2. Deceased Selvi was the wife of the appellant. She was earlier married to one Easwaran, PW-9. Allegedly Easwaran had married one Balamani and after divorcing her, he married the deceased. He, however, continued to have relations with Balamani. He purported to have divorced Balamani by a letter. The deceased was living with her mother Ramathal, PW-1. Appellant thereafter married the deceased. He had been informed, about the fact of the earlier marriage of the deceased. He agreed to the proposal of