JUDGMENT :

K.T. THOMAS, J.

1. The appellant has filed this appeal as of right. He is in jail. We appointed Mr. S.C. Patel, advocate as an amicus curiae in the matter. He argued for the appellant. We heard learned amicus curiae and Mr. Sanjay R. Hedge, learned Counsel for the State of Karnataka.

2. Appellant is alleged to have killed his 16 year-old wife by throttling her on the night of 4th October, 1990. He was acquitted by the trial Court due to want of evidence but the High Court, on appeal by the State, reversed the order of acquittal and convicted him under Section 302 of the Indian Penal Code and sentenced him to imprisonment for life.

3. Appellant was convicted by the trial Court of the offence under Section 309 Indian Penal Code (attempt to commit suicide) but instead of sentencing him, the trial Court released him under the Probation of Offenders Act, 1958. That conviction was declared by the High court to be illegal, as the law then stood, was based on the decision of this Court in P. Rathinam Nagbhusan Patnaik vs. Union of India and Another, JT 1994 (3) SC 393. Subsequently, the said decision was overruled by a Constitution Bench of this Court in Smt. Gian Kaur vs. State of