D.N. Patel, J.

This criminal appeal has been preferred by the accused-appellant, being aggrieved and feeling dis-satisfied, by the judgment of conviction and order of sentence dated 22.09.2010 and 23.09.2010 respectively, passed by the Addl. Sessions Judge, Ghatshila, in connection with Sessions Trial No.99 of 2004, corresponding to G.R. Case No.464 of 2003 arising out of Chakulia P.S. Case No.50 of 2003 whereby this appellant has been mainly punished for the offence punishable under Section 302 of the Indian Penal Code for causing murder of his wife and is sentenced to undergo life imprisonment and a fine of Rs.5000/-and in case of default, five months' simple imprisonment.

Case of the prosecution:

2. The case of the prosecution is that on 27.10.2003 at 18.00 hrs the informant Tulsi Mahto (P.W-4) gave fardbeyan to police that today, at about 8-9 A.M. in the morning he had gone to field for cutting the grass, then Topti Mahto (aged about 8 years) who is the daughter of his nephew (Bhagina) came before him, raising alarm and told him that his father Lal Mohan Mahto had ki