JUDGMENT :

1. The appellant having been convicted for commission of offence u/s 302 of the Indian Penal Code (in short 'I.P.C.') and sentenced to undergo R.I. for life, has preferred this appeal against the judgment and order of conviction and sentence passed by the learned 1st Addl. Sessions Judge, Berhampur in S.C. No.20 of 1999/S.C. No. 92 of 1999 G.D.C.

2. As it appears from the record, P.W.13, the S.I. of Berhampur Town Police Station while investigating into Berhampur Town Police Station U.D. Case No.7 dated 4.10.1998 ascertained during his enquiry that Rajanala Mani, daughter of P.W.7 had married appellant about four years prior to the occurrence. There used to be quarrel between both the husband and wife and the deceased had conceived by the time of occurrence. On 3.10.1998, the appellant and the deceased boarded in Sriram Bhawan Lodge at Berhampur. At about 2 A.M. the appellant informed P.W.5 regarding the health condition of the deceased and requested for shifting the deceased to the hospital and after the deceased was shifted to the hospital she was given some treatment but she expired in the hospital. On getting information from the hospital the aforesaid U.D. case was re