JUDGMENT :

The sole accused/appellant herein has called in question the Judgment of conviction and sentence passed by the II Addl. District and Sessions Judge, Haveri, sitting at Ranebennur in S.C.No.32/2012 dated 04.01.2016 in convicting the appellant for the offence punishable under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.5,000/-and in default, to under go simple imprisonment for a period of one year.

2. The brief factual matrix of the case is that, the accused and the deceased by name Gangawwa are husband and wife. They are residing together along with their children at Ranebennur. It is the case of the prosecution that, the accused has been addicted to alcohol and he used to come to the house in fully drunken state everyday. He had been suspecting the fidelity and loyalty of the deceased Gangawwa. In this back ground, it is alleged that on 30.11.2011 in the night at about 10.00 p.m., the accused came to the house in fully drunken state and started quarrelling with his wife and he also made attempts to assault his son i.e. PW-10 by name Hanumantha. The deceased wanted to rescue him. In that context, the accused caught hold the