JUDGMENT

B.N. Dash, J. - The appellant Antaryami Sahu was been convicted under Section 304 Part - II of the Indian Penal Code (for short, 'the IPC') and sentenced to undergo rigorous imprisonment for three years by the learned Sessions Judge, Dhenkanal for having killed his wife Susama (hereinafter to be referred to as 'the deceased') on 24.8.1983 at about 6 A.M.

2. In short, the prosecution case is that the accused-appellant belonging to village Kalada married the deceased who is the daughter of Pravakar Sahu (P.W.3) of village Tuianga in the year 1981 and kept her in his house. At that time the accused was serving as a tax collector in Talcher Municipality. After their marriage they could not live a happy conjugal life for long as the accused started suspecting her chastity. Due to frequent absence of the accused from his house, the deceased was living at times in the house of her parents situated at a distance of about 22 to 23 miles from the house of her in-laws and at times in the house of the accused. The accused took

'Dikshya' (discipleship) and giving up service went away to Paradap where he stayed for 2 to 3 months for such long absence of the accused the deceased went awa