JUDGMENT

B. K. Behera, J. - The appellant stands convicted under section 302 of the Indian Penal Code and sentenced there under to undergo imprisonment for life by the Court of Session after accepting the case of the prosecution that on November 9, 1980, sometime before evening, the appellant called his wife Janga (hereinafter referred to as 'the deceased') for sexual intercourse and as she did not to inside the house, the appellant, by means of a Mugura (M.O. 1), dealt two blows on her forehead while she was plastering mud and cowdung outside her house which resulted in her death. The order of conviction has been based on the evidence of P.W. 1 Kanga Ho, the brother of the deceased, who had been examined as the sole witness to the occurrence and that of P.Ws. 3 and 4, two co-villagers, one of them (P.W. 3) being the headman of the village, with regard to an extrajudicial confession said to have been made by the appellant before them and P.W. 1 besides the recovery of M.O. 1 on the spot in the course of investigation. Mr. Jena, appearing for the appellant, challenges the order of conviction as legally unfounded having been based on false and tainted evidence while the learned Addit