JUDGMENT :

A. Pasayat, J. - In this appeal from Special Jail, Rourkeia, Gandu Karketa (hereinafter referred to as the 'accused') calls in question legality, of his conviction for an offence u/s 302 of the Indian Penal Code, 1860, (in short, the IPC) and sentence of imprisonment for life as awarded by learned Addl. Sessions Judge, Rourkela (hereinafter referred to as the 'trial Judge').

2. Filtering out unnecessary details prosecution case as unfolded during trial is as follows :

On 8-8-1989, there was marriage function in the house of Udaya Tanti. Chanhati Karketa (hereinafter referred to as the 'deceased') who was the wife of the accused, wanted to participate in the dance which was going on in the marriage function. The accused forbade her to participate in the dance, but the deceased did not pay any heed to the protest of the accused and started to go out of the house. The accused became angry, caught hold of her and threw her on a heap of stone and then dealt several blows on her head and face with a stone. As a result of assaults, the deceased sustained multiple injuries and became unconscious. This ghastly act was witnessed by Anil, the minor son of the accused and the deceased,