( 1 ) HEARD the arguments of the learned counsel for the appellant and the learned State Public Prosecutor for the respondent-State and carefully perused the case records in detail with their assistance.

( 2 ) THE sole accused is the appellant. The deceased Smt. Sunanda, aged about 25 years, was the wife of the accused. P. W. 10 is the brother of the deceased. The deceased Smt. Sunanda had another brother by name Ravindra, who was working in Gubbi Veeranna Theatre. The accused was also working for some time in the said theatre. While they were so working together, it is stated that both Ravindra and the accused became friends and in that connection the accused used to visit their house, and during which time, the accused developed friendship or intimacy with the deceased Sunanda, which ultimately resulted in their marriage. The deceased belonged to a superior caste while the accused belonged to an inferior caste and on account of that, it is stated that there used to be some altercation between the accused and the deceased. The deceased Smt. Sunanda gave birth to a child in the year 1985 and subsequently a second child was also born, but it did not survive. It is stated that the differences between the accused and the deceased became severe after the death of their second child. The accused used to harass the deceased for money and he was also suspecting the fidelity of his wife. Infact it is stated that the deceased Smt. Sunanda had complained about this to her brother P. W. 10 when she had been to his house and also during the visits of her brother P. W. 10 to her house. While this was so, it is the case of the prosecution that on 18-5-1990 at about 8 or 8-30 a. m. in the morning when both P. Ws. 3 and 4, who were shepherds by profession, were grazing their sheep near about the land of one Chandrappa P. W. 7, within the limits of Navali village, they saw the accused going along with his wife and child towards Veerabhadreshwara Temple. It is stated that the land of P. W. 7 Chandrappa was situated on the way to Veerabhadreshwara Temple. They further found that the accused and the deceased were quarreling with each other, orally. Both P. Ws. 3 and 4 saw them going towards a small hillock and thereafter they found that the accused alone returned back along with the child. Obviously they grew suspicious when they did not see the deceased lady along with the accused and hence out of curiosity, they asked the accused as to what happened to the lady, who had accompanied him. Then they were told by the accused that he had killed her. On being so told by the accused, it is stated that they both went to the spot which was situated in the land of Chandrappa P. W. 7 and they saw the dead body of the deceased lying behind a bush in the land. They further found that the deceased lady had been strangulated by means of a string. Then P. W. 3 detained the accused and sent his companion P. W. 4 to go and secure the presence of some of the villagers. It appears that at that relevant point of time, except P. Ws. 3 and 4, the accused, the deceased and their child, no other person was found within the near vicinity. After some time P. W. 4 secured the presence of P. W. 6 and others to the spot. P. W. 6 was informed about this incident while he was present near a temple, talking with some other person. P. W. 6 took along with him the persons namely Veerappa, Dyamappa and others and came to the land of Chandrappa P. W. 7. There, they saw the dead body of the deceased lady lying behind a bush and she was found to have been strangulated by means of a string. P. W. 6 also found that the accused was being detained by Bheemappa P. W. 3. The child of the accused was also found along with him. Then they took the accused along with them to the Grama Devatha Temple and detained him there till the arrival of the police. The accused had also told before them that since his wife deceased Smt. Sunanda had some illicit affairs with some other pers