JUDGMENT

K.R. MOHAPATRA, J. - The convict namely, Gopal Sagar in Criminal Trial No. 123 of 2003 (arising out of G.R. Case No. 228 of 2002 of the Court of learned J.M.F.C., Laxmipur, corresponding to Laxmipur P.S. Case No. 57 of 2002), has filed this appeal assailing the judgment and order of conviction and sentence dated 9th September, 2004 passed in the aforesaid criminal trial, wherein, the appellant has been convicted under Sections 302/498-A/309 I.P.C. and has been sentenced to undergo imprisonment for life. In view of imposition of sentence of imprisonment for life passed under Section 302 I.P.C., no separate sentence has been imposed for commission of offence under Sections 498-A/309 I.P.C.

2. The short matrix of incident narrated in the FIR is that upon receiving information about the death of Soha Sagar (the deceased), the wife of the appellant, the informant, namely, Darsan Takri, PW-1, who was the Gramarakhi of the village, went to the house of the appellant and found the body of the deceased lying in a pool of blood. It was stated in the F.I.R. that previously the appellant suspecting the character of the deceased (his wife) was frequently assaulting her, due to which t