JUDGMENT :

1. Heard and the judgment is as follows:

Conviction of the Appellant for the offence u/s 302, IPC by the learned Additional Sessions Judge, Balangir in Sessions Case No. 128/17 of 1997-98 is under challenge.

2. It reveals from the lower court record that Janaki, the deceased was the wife of the accused by the date of occurrence, i.e. 24.7.1997. According to the procecution, accused and the deceased had separated from the other two brothers p.ws.1 and 2 and mother p.w.4 but were living in the same premises. On 24.7.1997 at about 5 to 5.30 p.m., p.ws.1 and 4 heard cry of the deceased and on reaching the living room of the house of the accused, they found that the accused was assaulting the deceased by a Merha" and he cautioned them (p.ws.1 and 4) not to intervene or else he would assault them p.w.1, the younger brother of the accused finding no other way reported the matter at Lachhipur outpost. The accused remained inside the room with deceased in dead condition and it is by application of threat by police that accused could be brought out of the room and was arrested besides taking routine investigation regarding conducting inquest, seizure of incriminating articles, etc. B