JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of the Division Bench of the Madras High Court allowing the appeal filed by the respondent (hereinafter referred to as the ‘accused’) who was convicted for the offence punishable under Section 302 and Section 201 of the Indian Penal Code, 1860 (in short the ‘IPC’).

2. Prosecution version in a nutshell is as follows:

The accused is a resident of Chockalingapuram. The deceased Mariammal was his wife. Their marriage had taken place ten years prior to the occurrence. (The occurrence was on 29.5.1990) The deceased and the accused have a son aged about eight years. The deceased was employed in a private establishment near her village. PW2 is her co-worker. The accused came to know that his wife was having an illicit affair with PW 2. Therefore, he warned his wife. However, the deceased continued her affair with PW2. Two weeks prior to the occurrence, on coming to know that the deceased and PW2 are happily spending their time in the plantain garden of Neerkathalingam, north of the village, the accused went there to catch them red-handed. Seeing his movements there, PW2 and the deceased parted company and move