1. The appeal is directed against judgment passed by the learned III Addl. Sessions Judge, Gulbarga in Sessions Case No.194/2010, for the offence punishable under Section 302 of the Indian Penal Code wherein the accused was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.1,000/- in default of payment of fine to undergo simple imprisonment for 03 (three) months.

2. The accused is in judicial custody.

3. The facts unfurled in the case are that, originally a case was registered against appellant/accused for the offence punishable under Section 307 of Indian Penal Code, on the strength of the statement of Thimmaiah S/o Yellappa Kunur, on 30.04.2010, later who succumbed to the injuries, aged 45 years and the accused Gangawwa @ Gangamma is his wife and through their wedlock, they begot three children by name Bheemaiah, aged 20 years, Indira, aged 16 years and Nikil, aged 7 years. His wife was addicted to alcohol and used to quarrel with the complainant very often and for the previous 15 days to the incident, she was raising objection every for personal matters and attributed him of being addicted to alcohol

4. On 29.04.2010 at about 9.00 p.m. she raised