ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE K.V. ARAVIND)

This appeal is by the accused challenging the judgment of conviction and order on sentence dated 01.09.2017 in S.C.No.9/2015 passed by Additional District and Sessions Judge, Udupi sitting at Kundapura. The accused is convicted for the offence under Section 302 of Indian Penal Code, 1860 (for short ' IPC ') and sentenced to undergo life imprisonment with fine of Rs.40,000/- and in default of payment of fine, to undergo simple imprisonment for six months. He is also convicted for the offence under Section 201 of IPC and sentenced to three years imprisonment, besides fine of Rs.10,000/- and in default of payment of fine, to undergo one month simple imprisonment.

2. It is the case of the prosecution that the accused and deceased Vijay Karanth were neighbors. The deceased was chitchatting with PW.5-Deepika, the wife of the accused. The accused mistook this conversation as an illicit relationship between them. At the earlier point, the deceased was near the house of accused; the accused warned him not to have conversation with his wife and threatened the deceased to kill him. On 02.02.2015 at 11.30 a.m., when the deceased came to the