SASIDHARANNAMBIAR, J.

Appellant was convicted and sentenced to imprisonment for life and a fine of Rs.50,000/-and in default, simple imprisonment for six months for the offence under section 302 of Indian Penal Code by the I Additional Sessions Judge, Kozhikode in S.C.No.603 of 2005.

2. The prosecution case is that accused married deceased Sheeba 2= years earlier to the date of the incident and they were residing at Goodallur and a child was born in that wedlock. On 15.10.2003, accused along with his wife and child came to the family house of Sheeba. Sheeba was then pregnant. Appellant suspected that he is not responsible for the said pregnancy of Sheeba. On 17.10.2003, at about 3 p.m., accused inflicted an injury on the neck of Sheeba with intention to cause her death, from the bed room while she was feeding the child and thereby caused her death and committed the offence under section 302 IPC. When the final report was filed, the case was committed to Sessions Court, by Judicial First Class Magistrate-I, Thamarassery. The learned Sessions Judge took the case on file and made it over to the First Additional Sessions Court, for trial. Appellant was produced before the lear