SASIDHARAN NAMBIAR, J.

1. Appellant was convicted and sentenced to imprisonment for life and fine of Rs.20,000/-and in default imprisonment for two years, for murdering his wife, for the offence punishable under Section 302 of Indian Penal Code. Appeal is filed challenging the conviction and sentence.

2. The prosecution case in short is that deceased Thressiamma, appellant and PW6 their five year old daughter were living together. Thresiamma was owning one acre rubber estate which was exclusively given to her just before her marriage by her sister and brother, releasing their rights inherited from the father. The appellant was insisting to transfer that property to his name which was being resisted by Thressiamma. The appellant had treated her with cruelty, both physical and mental. On 10/5/2005 night after 9 p.m.. Thressiamma reached the house of PW3 Omana to call PW5 Ealiamma, her sister over phone. PW3 and her husband had gone out and only PW4 Shibu their son, was there. Thressiamma called PW5 over phone and intimated that the treatment meted out to her by the appellant is unbearable. She requested her to take her to her house. PW5 consoled her and promised to come in t