D. P. HIREMATH, J.

( 1 ) BOTH these appeals arise out of the judgment of the trial Court under which on a charge under Section 302, IPC, the trial Court found the accused-respondent guilty under Section 304, Part-I, IPC and sentenced him to suffer R. I. far two years and giving set off of the period of detention already undergone under Section 428, Cr. P. C. directed him to serve the remaining sentence. As the appeals arise out of judgment of the trial Court finding the accused guilty for causing the death of his wife Bhagyalaxmi alias Bhagyamma on 27-3-1987 between 1. 30 and 2 p. m. in his house at Bangalore by assaulting her with at carpenter's chisel, both the appeals could be brought under a narrow compass. The prosecution case is that the deceased had adulterous connection with one Bhaktavatsala and this serving as a motive, on the afternoon of this incident, the accused came to his house when his two children were out, bolted the door from inside and then assaulted her to death by inflicting multiple injuries with the carpenter's chisel. He then came out which was noticed by P. W. 1 a next door neighbour and whose wife was also working rolling incense sticks along with the de

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