ORDER :

N. Santosh Kegde, J. - Crl. A. No. 371 of 2003

1. The appellant before us was charged for and convicted by the IInd Additional Sessions Judge, Thiruvananthapuram in Sessions Case No. 105 of 1995 for the offence punishable under Section 302 Indian Penal Code and was sentenced to death. The learned Sessions Judge, thereafter referred the sentence for confirmation to the High Court of Kerala in Crl. RT No. 1 of 2000. The appellant also preferred a separate appeal being Crl. Appeal No. 28 of 2000 before the said High Court as against the judgment and conviction by the trial court. The High Court while agreeing with the Sessions Court in regard to conviction of the appellant under Section 302 Indian Penal Code, reduced the sentence of death imposed by the Sessions Court to one of imprisonment for life. It is against the said judgment of the High Court that the appellant is in appeal before us.

2. Briefly stated, the facts necessary for the disposal of this case are that the appellant was married to the deceased, Syamalakumari and had a child from the said marriage. The marriage was solemnised on 23-8-1989 and after the marriage they were living separately from the other members of