The accused, who has been convicted by the Sessions Judge, Dharmapuri at Krishnagiri in S.C. No. 129/83 for an offence under section 302, IPC and sentenced to undergo imprisonment for life and convicted for an offence under section 316, IPC and sentenced to undergo imprisonment for a period of two years and the sentences were ordered to run concurrently, has filed this present appeal challenging his conviction and sentence.

2. The gravamen of the charge against the appellant was that on 9-9-1983. at about 11 p.m. he caused the death of his wife Shantha, as well as the five months old baby in her womb, by hitting Shantha with a Kalikol on her head and also strangulating her neck by means of a rope.

3. The evidence let in by the prosecution is briefly as follows; P.W. l, the father of the deceased Shantha, belongs to the village Kottavur 10 miles away from Kollapalli the village of the appellant. About 4 years prior to the occurrence, the deceased was given in marriage to the appellant and at the time of the occurrence they had a daughter then aged 3. P.W. 1 at the time of the marriage had given the deceased, gold chain weighing 6 1/2 sovereigns. Though, initially the coupl