JUDGMENT :

D.Dash, J.

The Appellant, by filing this Appeal has challenged the judgment of conviction and order of sentence dated 11.01.2023 passed by the learned Additional Sessions judge, Athamallik in C.T.(S) Case No.11 of 2020 arising out of G.R. Case No.413 of 2019 of the Court of learned Sub-Divisional Judicial Magistrate, (S.D.J.M.), Athamallik.

By the same, the Appellant (accused) has been convicted for commission of offence under section-302 of the Indian Penal Code (for short called as ‘the IPC’) and has been sentenced to undergo imprisonment for life and pay fine of Rs.50,000/- with the default stipulation to undergo rigorous imprisonment for two years.

2. The prosecution case is that on 19.08.2019 in the forenoon, one Anek Bagha, who is the sister’s son of Pitambar Bhoi came and informed Pitambar that Pitambar’s sister (Raswswari) has been murdered by her husband namely, Sesadev Kudei (accused). Pitambar getting this information from Anek, came to the house of his sister and saw his sister lying dead on a cot with severe cut injuries on her head. The villagers present there on being asked told that the accused had murdered his wife namely, Raseswari by means of spade. On tha