Sudheendra Kumar J.

The appellant is the accused in S.C. No.146 of 2008 on the files of the Sessions Court, Wayanad, who in this appeal challenges the judgment of conviction and sentence passed by the trial court under Sections 302 and 316 of I.P.C.

2. The court below awarded a sentence of imprisonment for life and a fine of Rs.25,000/- under section 302 I.P.C. No separate sentence was awarded for the offence under Section 316 I.P.C.

3. The prosecution case can be briefly stated as follows:- The deceased Kalarani, was the wife of the appellant. The deceased was working as a teacher in the Government School, Kallur during the relevant period. The deceased was residing with her mother and the appellant in a rented house near to the school. On 8.8.2005, the deceased went to the school as usual. The appellant also accompanied the deceased to the school and thereafter, he came back to the house. However, the appellant again went out of the house at about 10 a.m. on that day and he came back along with the deceased for taking lunch. The appellant and the deceased had lunch together. Thereafter, the deceased went to the toilet, which was situated outside the house. She cried aloud