JUDGMENT

V.S. Sirpurkar, J.—

1. By this appeal the appellant-appellant challenges the revisional judgment of the High Court whereby the High court has upset the Trial Court’s judgment acquitting the appellant-appellant and has directed reconsideration of the matter by the Trial Court. The High Court has further directed that such reconsideration would be only on the basis of evidence already recorded.

2. The appellant-appellant K. Ramachandran was tried for the offence under Section 302 as also under Section 201 of the Indian Penal Code on the allegation that he, on 18.02.1995, committed murder of his wife Nalini @ Latha by hitting her with a wooden log on her head. The prosecution’s case was that the marriage of the appellant-accused and the said Nalini took place in 1992 and right from the beginning their marital life was not smooth as the appellant-accused suspected her fidelity. After their marriage, appellant-accused used to live with his wife in a rented house at Avadi. It was the prosecution’s story that neighbours used to hear wailing sounds of Nalini and she had also told PW-5, Belamurthy that her fidelity was suspected by the appellant-accused and on that account, the app