JUDGMENT :

Mohan M. Shantanagoudar, J.

The appellants herein were charged, tried and convicted for offences punishable under Section 302 read with Section 34 and Section 201 of the Indian Penal Code (hereinafter ‘IPC’). The High Court confirmed the judgment of conviction passed by the Trial Court and hence they are in appeal before us.

2. The brief facts of the case are as under:

Accused No. 1 – Smt. Ragila had an illicit relationship with Accused No. 2 – Shri Nawaz. The accused No. 1 is the wife of the deceased.

3. The deceased used to suspect the fidelity of Accused No. 1 as well as his daughter’s integrity. He was of the opinion that Accused No. 2 Nawaz not only had an illicit relationship with Accused No. 1 but also with the elder daughter of the deceased.

4. On the date of the incident at about 9.00 a.m., the deceased quarrelled with Accused No.1 and called her a ‘prostitute’. He also told her that Accused No. 1 has converted the daughter into a prostitute as well. At that point of time, Accused No. 2 came from the first floor and asked the deceased not to quarrel with Accused No. 1 and her daughters. Since the deceased did not stop, Accused No. 2 slapped the face of the deceased. I