( 1 ) ALTHOUGH on the merits of the appeal the sordid facts involved give rise to same conclusion similar to the one arrived at by the Court below on the convincing evidence led for the prosecution in support, of the charge levelled against the appellant of having committed the murder of his own wife right inside his house at Honnur village, at broad day light at about 9-30 a. m. resulting in the appellant being sentenced to undergo imprisonment for life in S. C. No. 29/ 88 dated 16-11-88, we find very little reason to depart from the finding of the guilt recorded by the Sessions Judge or with the endeavour made by the prosecution to ram home the charge to the accused. We are nonetheless persuaded by the argument of learned counsels Sri Seshachala who appears herein as Amicus curiae in this matter, who says all said and done accepting the prosecution case at its face value is without any reason to demur whatsoever, even then the offence which the accused could be said to have committed is not one punishable u/ S. 302 of the Indian Penal Code but a lesser one i. e. , culpable homicide not amounting to murder punishable u/s. 304 Part I of the Indian Penal Code meritin