JUDGMENT

Dr. S. Muralidhar, CJ. - The present appeal is directed against the judgment of conviction and order of sentence dated 21st January 2011, passed by the learned Sessions Judge, Puri in S.T. Case No.150 of 2008 convicting the Appellant for the offence punishable under Section 302 IPC and sentencing him to undergo Rigorous Imprisonment (RI) for life and to pay a fine of Rs.10,000/- and in default to undergo RI for two years.

2. It must be noted at the outset that although the Appellant was charged with murdering his wife, the deceased-Mamata, he was also charged with the offences punishable under Sections 498-A and 304-B IPC and Section 4 of the Dowry Prohibition Act, 1961 (DP Act). By the impugned judgment, he was acquitted of the later offences while being convicted for the offence punishable under Section 302 IPC.

3. The case of the prosecution was that sometime in 2004, the Appellant and the deceased Mamata had married and after her marriage, the deceased was living with the accused and his family members. Soon after the marriage, the Appellant and his family members started ill-treating the deceased on demand of dowry. On the intervening night of 16th/17th December 2007, th