J. M. MOHAPATRA, J.

( 1 ) THE appeal is directed against the judgment and order dated 15-10-1988 of the learned First Additional Sessions Judge, Cuttack convicting the appellant under Section 302, I. P. C. and sentencing him to undergo R. I. for life.

( 2 ) THE deceased was the wife of the appellant, and they were living in one house at the material time and were weavers of Pata cloth belonged to village Nuapatna, P. S. Tigiria, in the district of Cuttack. The occurrence took place in the night of 15/16-8-1987. It is alleged that the appellant during the day time of 15-8-1987 brought some meat and gave it to the deceased for preparing curry. But there being no spices, rice or oil, she refused to prepare meat curry, which enraged the appellant. The appellant then went out of the house and returned at about mid-day and when he wanted to have his meal, the deceased told him that meal could not be ready is there was no rice. At this the appellant became furious and threw away the meat he had purchased. Mid-day meal was ready at about 3 p. m. and at the request of the deceased the appellant took his food. Thereafter the appellant went for weaving and continued to remain at the loom. A