Judgment :

Dr. Arijit Pasayat, J.

Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court upholding the conviction of the appellant for offences punishable under Section 302 and 201 of the Indian Penal Code. Two persons faced trial for commission of murder of Viswanatha Pulavar (hereinafter referred to as "the deceased"). The appellant is the younger brother of the deceased while the second accused was the wife of the deceased.

Learned Sessions Judge, Tirunervelli, held the appellant guilty of the offences punishable under Section 302 and 201 IPC; but directed acquittal of the co- accused of the charges relating to offence punishable under Section 302 read with Section 34 IPC. Though the co-accused has been convicted for the offence punishable under Section 201 IPC she did not question her conviction under the said offence.

Background facts in a nutshell are as follows:-

The appellant and the deceased and his wife were staying together. There were frequent quarrels between the deceased and the present appellant as the former suspected the fidelity of his wife (accused No.2) and he was of the confirmed view that the appellant was having illicit relati