JUDGMENT :

SANJAY K. AGRAWAL, J.

1. This criminal appeal under Section 374(2) of Cr.P.C. is directed against the impugned judgment dated 03/11/2014 passed in Sessions Trial No. 136/2014 whereby learned Sessions Judge, Raigarh has convicted the appellant/accused for offence punishable under Section 302 and sentenced to imprisonment for life and fine of Rs. 5,000/- in default of payment of fine additional imprisonment for two years.

2. Case of the prosecution, in brief, is that on 29/03/2014, at about 09:30 AM at Village Gahnajhariya P.S. Lailunga, the appellant herein, with the intention of causing death of his wife Leelawati, assaulted her with a wooden stick on her head on account of which she suffered grievous injury and died instantaneously and he thereby, committed the aforesaid offence.

3. Further case of the prosecution, in brief, is that appellant used to quarrel with his wife deceased Leelawati on petty matters. On 29/03/2014 at about 09:30 AM, appellant brought his wife back to their home from her parental home stating that he wanted some bank related documents and thereafter, on the pretext that she does not cook food properly, he started quarreling with her and tried to assa