Ms. R. Banumathi. J,

1. This appeal arises out of the judgment in S.C. 197 of 2002 on the file of Prl. Sessions Judge, Dharmapuri at Krishnagiri convicting the appellant/accused under Section 302 IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs. 2,000/-.

2. Case of the prosecution in nutshell are as follows:

(i) Accused is the husband of P.W.2-Suguna. Deceased Ramamoorthy is the son of P.W.1-Narasimmaiah and P.W.5-Mangammal. P.W.11-Radha is the daughter of P.W.1 and P.W.5 and 2 younger sister of deceased and P.W.4-Chellappan is husband of P.W.11. Deceased Ramamoorthy was having illicit intimacy with P.W.2-Suguna. P.W.1 had warned his son – deceased Ramamoorthy for several times and despite his warnings, deceased continued his illicit intimacy with P.W.2. About two days prior to the occurrence i.e. on 1. 2002, appellant beat his wife Suguna (P.W.2) and P.W.2 went to her monther’s house at Bairamangalam village.

(ii) On 1. 2002 at about 3.00 p.m., decease Ramamoorthy had gone to Bairamangalam accompanied by P.W.3-Anandhan. After reaching Bairamangalam, deceased told P.W.3 that he was going to see P.W.2 and asked P.W.3 to wait in the bus stop. Af