JUDGMENT

Dr. Mukundakam Sharma, J. —In the present appeal, the appellant has challenged the legality of the judgment and order dated 04.09.2002 passed by the Madras High Court. The appellant is aggrieved by the aforesaid judgment and order as by the said judgment the High Court reversed the order of acquittal passed by the trial Court and convicted the prevent appellant under Section 302 of the Indian Penal Code (in short “the IPC”) and sentenced him to undergo imprisonment for life.

2. The appellant - Jayabalan and the deceased - Vasanthi, got married on 05.09.1988 and out of the aforesaid wedlock, two children were born. The couple was living just opposite to the house of the deceased’s parents, the two houses i.e. of the appellant and that of the deceased’s parents being separated by a 20 feet wide road. The deceased, at the time of her death, was employed as a nurse in the T. B. Hospital, Pondicherry and the appellant was employed as a teacher in Alankuppam Government School, Pondicherry. The relationship between the appellant and the deceased was stated to be strained. The appellant used to collect the salary of the deceased and also used to be very strict in allowing the dece