The Judgment of the Court was delivered by V. K. Mohanan, J.

1. The appellant who is undergoing incarceration in pursuance of judgment dated 30/01/2009 in SC No. 603/06 of the Court of Sessions, Palakkad, has come in appeal challenging his conviction and sentence imposed by the Court below for the offence under S.302 of IPC.

2. The prosecution case is that, while the accused, who was the husband of the deceased Asya, was residing along with his wife and one daughter in the house bearing door No. XII / 562 (New No. VI / 422) of Cherplassery Grama Panchayat situated at Four cent colony at Manjakkal in Cherplassery Village, out of suspicion that his wife had illicit affair with other men, with the intention to cause her death, strangled her to death with a cloth in their house at about 1 p.m. on 04/03/2005, and thus the accused had committed the offence punishable under S.302 of IPC.

3. The investigating machinery, according to the prosecution, was set emotion by registering Crime No. 122/05 of Cherplassery Police Station for the offence under S.302 of IPC on giving the FIS by one Showkathali who was examined as PW 4.

4. Thus, consequent to the registration of the