JUDGMENT

Ganguly, J.-This appeal is from the judgment and order of conviction dated 13.6.2006 of the Division Bench of the Kerala High Court in Criminal Appeal No. 1303 of 2003 whereby the High Court confirmed the judgment and order of sentence of the learned Trial Judge. The Sessions Judge, Thrissur in Sessions Case No. 224 of 2002 convicted the appellant under Sections 323/302 I.P.C and gave him life imprisonment. No separate sentence was given for Section 323.

2. The material facts as appearing from the judgments are that one Raji, wife of the appellant died as a result of poisoning on having been administered cyanide on the night of 2nd March, 1992. In this case, there are certain admitted facts:

1. The victim Raji was sleeping on the fateful day in the bed room with her husband- the appellant herein.

2. The deceased and the appellant had a love marriage about 14 years prior to the incident.

3. They had three children from the said marriage.

4. There is evidence of mal-treatment of the deceased by the appellant.

5. Their son PW 5 deposed that there were some quarrel between the father - appellant and mother - deceased and with the intervention of neighbours the deceased was