JUDGMENT

Surinder Singh Nijjar, J. —

1. The present appeal is directed against the judgment and final order in Criminal Appeal No. 1092 of 2003 dated 21.10.2005 whereby the High Court of Kerala at Ernakulum dismissed the criminal appeal filed by the appellant and thereby affirmed his conviction under Section 302 IPC as held by the trial court vide judgment dated 30.11.2002.

2. Shorn of unnecessary details, the facts essential for adjudication of the present appeal are:

The appellant herein was convicted and sentenced to rigorous imprisonment for life under Section 302 IPC for murdering his wife on 3.11.2000 at about 7.30 p.m. He had killed his wife by assaulting her with a chopper on her neck in the bedroom of his house. There is no direct evidence of the murder. However, the factum of death of the appellant’s wife by the injuries noticed in post mortem report (Exb.P5) is not disputed. The appellant had taken the defence of insanity based on Section 84 IPC. He had examined four witnesses in support of his defence. Now, the appellant had claimed the defence of insanity at the time of murder; no such plea was taken at the time of the trial. Aggrieved by the judgment of the trial cour