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4. The facts in brief for relevant for adjudication of the instant appeal are that the appellant is said to be alcoholic. He used to come home drunken everyday and pick up quarrel with his wife namely Naseem Sulthana @ Firdos (hereinafter, the 'deceased'). There were also complaints of him assaulting the deceased frequently under the influence of alcoholic condition. In the year 2000, he got shifted to a village known as Armoor and had taken house on rent at Husnabadgally. On the intervening night of 06 and 07.12.2011, at midnight, the appellant picked up a quarrel with the deceased in drunken condition and in the course of quarrel with the deceased, it is said that the deceased kicked him on his testicles on account of which he fell down. Subsequently, he got enraged and infuriatedon the conduct of the deceased and with the help of chunni strangulated her to death.

12. Lastly, it was contended by the learned counsel for the appellant that from the evidence which has come on record, it also appears that it was the deceased who had kicked the appellant on his testicles on account of which he fell down and when he got up enraged in anger and in the fit of fury, he pressed the chunni around her neck hard which resulted in death of the deceased. As such, there was no pre-determined or a pre-mediated act on the part of the appellant to kill the deceased. Therefore, the offence under Section 302 of IPC definitely is not made out and it is a fit case where the appellant could be convicted only under Section 304 Part I of IPC.

15. Having heard the contentions put forth on either side and on perusal of records, in the opinion of this Court, it would be relevant at this juncture to take note of the evidences which have come on record. First, let us take note of the evidence of PW.2, the son of the appellant and the deceased aged around 8½ years. In his examination in chief he has narrated the incident as under:

"On 6-12-2011 after supper we went for sleep. I heard cries (Cheeka). I woke up. My mother kicked my father on his testicles. My father fell down. He got up and sat. My mother also sat. My father put Odni around the neck of my mother and strangulated her. My mother's tongue protruded from her mouth and she moved her legs vigorously. Later my father left the house. Subsequently, our landlord Khairunnisa Begum came. My mother did not get up. On the next day morning, PW 1 and my maternal grand mother came. The police examined me and recorded my statement."

19. Now when we look into the evidence of PW.2, the relevant portion of which has already been reproduced in the earlier paragraphs, it would reveal that on 06 and 07.12.2011 midnight there was a fight that took place and PW.2 saw that the deceased, his mother kicked the appellant, his father on his testicles on account of which his father fell down. This statement of PW.2, the eye witness, also would show that it was the deceased who had kicked the appellant and it was the appellant who had retaliated later. Thus, from the factual narration, it appears that after the appellant was kicked on his testicles by the deceased he fell down and after he got up, he was so much infuriated and in the fit of anger he tightened the chunni which was around the neck of the deceased tightly which resulted in strangulation and death of the deceased.