JUDGMENT

R. BANUMATHI,J.

1. The appeal by the State of Karnataka is against the acquittal of respondent-accused under section 302 IPC.

2. Case of the prosecution is that A-1 was allegedly having illicit relationship with second accused (since dead). On account of which there was alteration between A-1 (respondent) and the deceased Rajashree (wife) and the accused no. 1 is alleged to have strangulated the deceased to death. Relying upon the medical evidence (PW-7) and the evidence of PW-8 (father of the deceased), the trial Court convicted respondent no.1 under section 302 IPC and also sentenced him to undergo life imprisonment.

3. Insofar as the second accused, the trial court convicted her under Section 201 IPC and sentenced her to undergo three years imprisonment. (Since accused no. 2 – Padmavathi is dead, Criminal Appeal No. 1497 of 2013 of accused no. 2 – Padmavathi has already been abated vide Court’s order dated 03.05.2016).

4. A-1 was running a power loom on the ground floor of his house and the first floor was used for his residence. The second accused was employed in the power loom and was residing in the second floor. PW-8 and PW-9 (father and mother of the deceased) have spo