This appeal is directed against the judgment of conviction and order of sentence passed by the learned 1st Addl. District & Sessions Judge, Dharwad, sitting at Hubli, in S.C. No. 34/2007 dated 30.01.2008 convicting the accused for the offence punishable under Section 302 of IPC. By its said judgment and sentence, the accused is sentenced and directed to undergo rigorous imprisonment for life and further sentenced to pay a fine of Rs.1,000/- and in default to pay the fine amount, he shall undergo rigorous imprisonment for a further period of six months.

2. The factual matrix of the appeal is as under :

The accused is the husband of the deceased Gudumabi. That the accused as well as his wife including their children were residing in the house bearing no. 295/2 situated at Kubihal village, Taluk Kundagol. For the last two years the accused was suspecting the fidelity of his wife Gudumabi and he intended to do away with her life. On the intervening night of 30.10.2006 and 31.10.2006 the accused along with his wife was sleeping inside a portion of their house. P.W.6 and P.W.7 were also sleeping in the front yard of the said house. That at about 1:30 hours the accused is held to