Confession made by accused if relevant and admissible.

Manoharan, J.

Accused is the appellant. He was charged under Sec. 302, I.P.C. for having caused the death of his pregnant wife, Gouri and the foetus at about 10.30 p.m. on 12. 1989 near the burial ground at West Yakkara. Learned Sessions Judge, Palakkad Division found him guilty of the offence, convicted and sentenced him to undergo imprisonment for life. Accused challenges the finding. Conviction and sentence in this appeal.

2. Accused, a native of Yakkara in Palakkad District while was working in a workshop at Perintalmanna, married Gouri, a resident of Pathakkaja in Perintalmanna on 26. 1988. After the marriage, they resided in one of the residential units in a row quarters known as ‘KPR Quarters’ situated in Anamangad in Perintalmanna. One Gopalakrishna alias Gopu-Gopal was their neighbour. On suspicion that Gouri had illicit intimacy with the said Gopalakrishnan accused used to pick up quarrel with her and manhandle her. In January, 1989 Gouri was in advanced stage of pregnancy and on 11. 1989 Gouri was taken to her paternal house at Pathakkara. Accused also shifted his residence to that house. On 12. 1989 Gouri’s mother (P.W.5) went to her tarwad house at Mankada, later Gouri and the accused joined her at Mankada. In the early morning of 12. 1989 accused left saying that he was going to his workshop at Perintalmanna; but instead of going to the workshop accused went to the shop of

P.W.10 and purchased M.O. 27 knife with M.O.26 sheath, concealed it and returned. Accused and Gouri returned to Pathakkara. Accused said that he has to visit his sister and children who have arrived at Yakkara from Madras and then at about 3 p.m. on 12. 1989 he along with Gouri left Perintalmanna to Palakkad by bus. On their way from the bus stand at Palakkad to his family house at Yakkara accused purchased half a bottle of rum from a road side liquor shop. At about 10.30 p.m. when they reached near the burial ground at West Yakkara, he consumed the rum, and then took out M.O.27 knife and stabbed Gouri on her abdomen, through the opening created by the stab, intestine and foetus came out. Gouri succumbed to the injuries at the scene. According to the prosecution, accused thereafter went to the house of P.W.14, a lawyer at about 11 p.m. in the same night and left for Madras.

3. In the early morning of 12. 1989 on getting information of a dead body of a lady and a child lying near the burial ground, P.W.2 informed P.W.1. They together went to the scene, saw the dead bodies and then P.W.1 went to the Palakkad Town South Police Station and tendered Ex.P-1 F.I. statement before P.W.17, Sub-Inspector of Police. He registered Ex.P-l(a) F.I.R. under Sec. 302, I.P.C. P.W.17 held Ex.P-3 inquest on the dead body of the foetus and P.W.19, Circle Inspector of Police held Ex.P-2 inquest on the dead body of the lady. Then the identity of the dead body was not known.

4. P.W.13 took the dead bodies to the hospital where P.W.12 conducted the autopsy on the dead bodies of Gouri and the child. He issued Ex.P-8 post-mortem certificate concerning Gouri and Ex.P-9 post-mortem certificate concerning the child.

5. On 12. 1989 at about 5 p.m.P.W.16, Inspector of Police at C-2 Elephant Gate Police Station, Tamil Nadu, while was on his usual evening round found the accused in a suspicious circumstances at Waltax Road in front of Lakshmi Bhavan Lodge. He questioned him, arrested him and took him to the police station. Thereafter, he informed the Palakkad Town Police Station as to the arrest of the accused and the information he collected from him. He registered Ex.P-10, F.I.R. under Sec. 41(1)(a) of the Crl.P.C. as Crime No. 226 of 1989 and produced the accused before the 8th Metropolitan Magistrate, Madras with Ex.P-11 remand report.

6. On receipt of the message from the Madras Police, P.W.18, Assistant Sub-Inspector of Police was deputed to Madras and P.W.4 father of Gouri was required at about 8 p.m.on 12. 1989 to go over to Palakkad. He identified the de