MANOHARAN, J.

Accused was charged under Sections 302, 392 and 397, IPC for causing the death of his wife Moly alias Mariyam and having robbed her studs worn by her. Learned Sessions Judge, Wayanad found the accused guilty of the offence punishable under Section 302, IPC, convicted and sentenced him to death. He was acquitted of the offences punishable under Sections 392 and 397, IPC. The accused challenges the said conviction and sentence in this appeal; the reference is for confirmation of the death sentence imposed on the accused.

2. The prosecution case can be summarised as follows :-

Accused married Moly alias Mariyam and was living with her in her house at Perunkulam in Vellamunda amsom and desom in Wayanad District. Accused picked up quarrel with Moly on suspicion that she had illicit intimacy with P.W. 14 and tried to strangulate her. Thereafter he left Moly. She had a son (P.W. 4) in her previous marriage and after the accused left she was living on the income by selling milk of her cow to the Co-operative Society. Accused left Moly about an year before the occurrence in this case which was on 2-11-1990. As usual in the early morning of 2-11-1990 Moly was proceed