JUDGMENT :

Bibhu Prasad Routray, J.

1. This appeal has been preferred by the sole appellant against his conviction and sentence of imprisonment of life under Section 302 of IPC passed by the learned Additional Sessions Judge, Nuapada in Sessions Case No. 74/9 of 2003 dated 22.01.2004.

2. The appellant was charged for murder simplicitor of one Bimala Bai Sahoo (hereinafter called as 'the deceased'). Prosecution's case in nutshell is that, the appellant and P.W. 2 are two brothers and the deceased is the wife of P.W. 1. P.Ws. 2 and 1 were in good relationship. However the appellant was not pulling well with the P.W. 2, his elder brother. Appellant suspected that his elder brother (P.W. 2) had illicit relationship with the deceased and doubted that she was antagonizing his brother (P.W. 2) against him. On the fateful day, during noon time, when the deceased had gone near the field of the appellant to attend the call of nature, the appellant finding her alone, severed her head by means of an axe (M.O.I). The body and the head were lying severed in the field of P.W. 2. The F.I.R. was lodged by P.W. 1 (husband of the deceased) stating that when he returned to his house without finding the d