JUDGMENT :

K.M. JOSEPH, J.

1. The appellant, calls in question, his conviction under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as ‘the IPC’, for short) by the High Court. Originally, the appellant was accused no.1 before the Trial Court. Accused nos. 2 to 4 were his parents and his brother. They were altogether charged with offence under Section 302 read with Section 34 of the IPC. This is besides being charged under Section 498A of the IPC. The Trial Court convicted all the accused for offences under Section 302 read with Section 34 and Section 498A of the IPC. On appeal filed by the appellant and the other accused, accused nos. 2 to 4 stand acquitted of all the offences. The appellant has also been acquitted of the offence under Section 498A of the IPC. However, the High Court, by the impugned order, had convicted him for the offence under Section 302 of the IPC instead of Section 302 read with Section 34 of the IPC. This is besides a fine.

2. The prosecution case, in short, is that the appellant and the other accused committed murder of the wife of the