Radhakrishnan, J.

This is an unfortunate case where a fourteen year old girl had to depose that her father had killed her mother and also the brother of the accused deposing of the extra judicial confession made by the accused. Unfortunate girl lost her mother and had the misfortune to see her father punished for imprisonment for life.

2. Prosecution case is that on 9.7.1997 at about 10.30 A.M. accused killed his wife Bhargavi by hitting her with a granite stone on the head and face. It was on a bandh day. P.W.16 Sub Inspector of Police, Rajapuram went to the place of occurrence, the courtyard of house number K.B.P. II-355 of Kodam Village which belonged to the accused and recorded Ext. P1 F.I. statement given by P.W.1, neighbour of the accused. P.W.17 C.I. of Police, Vellarikundu conducted investigation and filed the charge against the accused under Section 302 I.P.C. before the Judicial First Class Magistrate committed the case to Sessions Court, Kasargod.

3. On the side of the prosecution P.Ws. 1 to 17 were examined and Exts. P1 to P8 and M.Os 1 to 13 were marked. P.W.17 conducted the inquest and P.W.11 Assistant Surgeon, District Hospital conducted post-mortem and issued Ext. P2 certificate. He opined that death was due to subdural haematoma and injuries 1 to 4 could be caused by M.O.1 granite stone which was recovered by P.W.17 from the courtyard of the accused. After closing the prosecution evidence, accused was questioned under Section 313 of the Code of Criminal procedure and he denied all the incriminating evidence adduced against him and stated that he was suspecting one Narayanan Maniyani as the person who killed his wife. Accused was found guilty on the basis of the extra-judicial confession made before P.Ws 1 and 3 and also on the basic of circumstantial evidence and other attendant circumstances. The version of the daughter who was examined as P.W.8 was that she went to school on the day of occurrence at 9 A.M. leaving her parents at house. P.W.8 has got two other daughters. They were all at school at the time of occurrence. She deposed that when she went to school parents were alone in the house and nobody else was there. She also deposed that father used to go for work. On that day he did not go for any work. On the fateful day at about 11.30 A.M. her uncle brought her and sisters back from the school to the house only to witness the drastic scene of her mother lying dead in the courtyard.

4. P.Ws 1 and 2 are neighbours of the accused. P.W.1 is the mother-in-law of P.W.2 P.W.1 who gave Ext.P1 F.I.statement deposed that Bhargavi, wife of accused was murdered by the accused. Both P.Ws 1 and 2 deposed that on the day of occurrence at about 10 A.M. accused came to heir house in a perplexed mood and told them that he killed his wife and that he did not go to his house. He demanded an umbrella and stated that he was going to the police station. Umbrella was not given. Later he went towards eastern side and towards western side of the house. P.W.1 then went to the house of one Kunhitheeyan brother of the accused to inform the incident. They went to the house of Kunhitheeyan and brought him to the house. P.W.2 followed them to the house and saw Bhargavi lying dead on the courtyard. She also noted injuries on the head and noted M.O.1 stone lying near the body. They deposed two days prior to the occurrence one Narayan Maniyani came to the house of accused and wanted a match box from the deceased. On that matter accused believed that deceased had some illicit connection with Narayan Maniyani. Complaint was that deceased had given a match box to Narayan Maniyani while accused was not in the house. They further deposed, on that day Kunhitheeyan took Bhargavi and her children to his house and on the next day they were brought back to the house. P.W.1 deposed accused had suspicion about the chastity of the deceased.

5. P.W.3 Narayanan one of the brothers of the accused deposed that on the day of occurrence at about 10