- (1.) By Court : Heard learned counsel appearing for the appellant and learned counsel appearing for the State.
(2.) This appeal is directed against the judgment and order dated 11.07.2006/ 13.07.2006, passed in Sessions Trial No.114 of 2004 [arising out of Rajnagar P.S. Case no.24 of 2004 in connection with G.R. No.455 of 2004], whereby and whereunder the learned Additional Sessions Judge, F.T.C III, Seraikella having found the appellant guilty for committing murder of his wife convicted him under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.
(3.) It is the case of the prosecution that Mogli Barik (deceased), the daughter of Prafullo Barik, the informant (P.W. - 2) having married to the appellant came to her inlaws place where she lived peacefully for a year but thereafter, the appellant and also the first wife of the appellant started subjecting her to cruelty. Further, case is that on 18.06.2004 the deceased, Mogli Barik came to her father's house. After four days, the appellant also came there on 22.06.2004. In the night both of them slept together in a room which had no door. In the night when the informant (P.W. - 2), his wife, Kunni Barik (P.W. - 1) and his daughter, Rewti Barik (P.W. - 5) heard giggling sound coming from the room where Mogli Barik and her husband were sleeping. They left the room to come to over there. In that process they saw this appellant running away by riding a cycle. When they entered into the room, they found Mogli Barik dead. Thereupon, P.W. - 2, Prafullo Barik gave fardbeyan to the police, upon which, a case was registered as Rajnagar P.S. Case No.24 of 2004, under Section 302 of the Indian Penal Code against the appellant.;