JUDGMENT : B. Panigrahi, J. - The Appellant was prosecuted for commission of murder of his own wife Janaki Achary. The marriage between the Appellant and Janaki was solemnised on 'Herapanchami' day in the month of Ashada, 1994. On the following month, namely in the month of Aswina. she went to her father's house, just few days before the local festival 'Thakurani Jatra' at Berhampur. The Appellant went to her father-in-law's house at Aska and invited the deceased and her family members to come to Berhampur to witness Thakurani Jatra. At that juncture, the deceased narrated to her mother P.W.2. A. Iswari Achary that the Appellant had assaulted his elder brother's wife by means of a kati due to a family quarrel and he was wicked man. Therefore, she was not inclined to go to the Appellant's house. However, after great persuasion by her parents. She came along with her husband. 2. On 20.5.1995 one Ganga Achary, the elder brother of the Appellant went to the house of the informant at Aska and told them that the deceased was having severe stomach pain in the previous night as a result of which she died. The informant after having learnt about the death of the deceased, rushed to Berhampur at about 12.00 P.M. and found his daughter lying dead on the floor of the Appellant's house with blood oozing from her mouth, nose and ears. There were marks of injury on her body. When the Appellant was questioned as to why and how the deceased sustained such injuries, the Appellant did not give any reply and observed complete silence, which roused a great suspicion in the mind of the informant that some foul-play had been committed by his son-in-law. So he rushed to Badabazar Police Station and lodged a written report before the I.I.C. of the Police Station, who registered the same as an F.I.R. u/s 302, of the Indian Penal Code and directed P.W.8. S.I. of Police to take up investigation. During investigation, P.W.8 held inquest over the dead body of Janaki, arranged to send the same for post mortem examination and seized one necklace and a lungi suspected to have been stained with blood on production by the Appellant. The Appellant's nail clippings were also collected and sent for examination by the Chemical Analyst along with other incriminating materials. During investigation, P.W.8 held inquest over the dead body of Janaki, arranged to send the same for post mortem examination and seized one necklace and a lungi suspected to have been stained with blood on production by the Appellant. The Appellant's nail clippings were also collected and sent for examination by the Chemical Analyst along with other incriminating materials. The post mortem report revealed that the death of Janaki was due to asphyxia and external injuries Nos. 1 to 3 were sufficient in ordinary course of nature to cause death. Therefore, the Appellant was arrested and taken into custody. On completion of investigation P.W.8 submitted charge-sheet against the Appellant. 3. The case was based on circumstantial evidence since the incident had taken place inside the Appellant's house in the night. The prosecution in order to bring home the charges to the Appellant, examined 9 witnesses. P.W.1. A. Laxmi Acharya was the father of the deceased and the informant in this case. P.W.2 her mother. P.W.3 brother of the deceased P.W.4 was the younger brother of the Appellant, P.W.5. a witness to the inquest, P.W.6 is the Professor of F.M.T. of M.K.C.G. Medical College. Berhampur, who held autopsy over the dead body of Janaki, P.W.8 the I.O. who submitted charge-sheet, and P.W.9 the Homeopath, who had treated the deceased 15 days prior to her death. 4. From the evidence of P.W.6. it has appeared that the deceased had sustained the following external and internal injuries: External Injuries Abrasion 1 cm x 0.5 cm present at the tip of the right elbow joint, ii. Abrasion 0.75 cm x 0.75 cm present at the back of left elbow joint, iii. Abraded contusion 3 cm x 0.5 cm in left side of the neck, iv. Lacerated wound 0.75 cm x 0.3 x skin deep over left nipple, v. Abrasion 0.5 cm x 0.3 cm over right nipple. Internal Injuries i. Contusion of the chest wall at the middle portion in between both the breasts at the inner aspect present covering an area 10 cm x 5 cm. The extravasation of the blood noticed in the contused area. ii. The lamyx and trachea contains decomposed blood stains and the mucosal surface, of the larnyx and trachea was uniformly congested. iii. The extravasation of the blood noticed in the contused area. ii. The lamyx and trachea contains decomposed blood stains and the mucosal surface, of the larnyx and trachea was uniformly congested. iii. Vaginal smear reveals the presence of vaginal epithelium post-cells, plenty of bacterial, fragmented spermatozoa which depicts the idea of sexual act committed to her before the death. 5. From his opinion, it has further transpired that those injuries were ante mortem in nature and were sufficient to cause death in ordinary course of nature. The injuries on the elbow which were described as External Injury Nos. 1 and 2 might have been caused by coming in contact with rough substances. From the medical report, it was revealed that the deceased was then pregnant and a two-month baby was inside the womb. The Appellant had also claimed to have sustained some external injuries which are described here below: i. Cresentric abrasion with convexity directed outwordly 1.5 cm x 0.25 cm present 2 cm below the right ear labule over the right side of the neck. ii. Linear abrasion 2.5 cm present over front aspect of right arm 11 cm below the tip of shoulder. iii. Two semilunar abrasions 0.5 cm apart of size 0.5 cm x 0.3 cm present over left side of the chest 6 cm below the outer and of left clawicle. iv. Abrasion 0.25 cm x 0.25 cm present at the middle of the left side of the neck. 6. According to the medical report, it is gathered that the injuries sustained by the Appellant must have been caused due to finger nails at the time of forcible cohabitation. 7. P.Ws.1, 2 and 3 who are the parents and brother of the deceased have stated that the Appellant never demanded any dowry from them. But they have stated that the Appellant had gone to Aska to invite the deceased for witnessing the local festival at Berhampur namely "Thakurani Jatra." The deceased was unwilling to accompany him, since she had already known the conduct of the Appellant that he was a wicked man and caused injuries on his own sister-in-law. 8. P.W.4 the own younger brother of the Appellant has however testified that the Appellant had assaulted his sister-in-law Amulu the wife of his elder brother Ganga. The assault was of such magnitude that her sister-in-law was to be hospitalised for treatment. 8. P.W.4 the own younger brother of the Appellant has however testified that the Appellant had assaulted his sister-in-law Amulu the wife of his elder brother Ganga. The assault was of such magnitude that her sister-in-law was to be hospitalised for treatment. From the evidence of P.W.4 it is established that the Appellant and the deceased were sleeping in one room in the night of occurrence. On the following morning, the Appellant impressed upon P.W.4 that the deceased had complained of her stomach pain in the night and was not awake from her sleep. So he immediately called P.W.9 and P.W.9 on his arrival declared Janaki dead. Row of ants was formed trailing upon the dead body. From the testimony of P.W.9, it was further established that the deceased complained of vomiting 15 days prior to the incident from which he could know that she was pregnant. Therefore, from a combined reading of the evidence of P.Ws.4 and 9, the prosecution has adduced clinching evidence that the deceased was found dead in the room where she was sleeping along with the Appellant. In his statement recorded u/s 313, Code of Criminal Procedure the Appellant had claimed that when in the preceding night he was having sexual intercourse with the deceased, the latter caused scratching injuries to him. So, he flung her, as a result of which she sustained the injuries. From the medical report, we have noticed that the deceased was pregnant by two months and the Appellant made forcible sexual intercourse with the deceased for which it was quite likely that she must have objected. The Appellant caused murder of his wife in such a cruel, atrocious and cold-blooded manner that he does not deserve any sympathy. 9. Mrs. Padhi, Learned Counsel appearing for the Appellant has urged fervently that it is a fit case where the Appellant should have been convicted u/s 304, Part-1, IPC instead of Section 302. IPC as the Appellant did not have any intention to cause the death of his wife. Intention is a mystery to Ors., but it must have been known to the killer as to why he committed the murder. There could not have been any direct evidence as to why the Appellant has committed such a dastardly crime. The explanation of the Appellant was palpably false. Therefore, the question of awarding lessor sentence does not arise. Intention is a mystery to Ors., but it must have been known to the killer as to why he committed the murder. There could not have been any direct evidence as to why the Appellant has committed such a dastardly crime. The explanation of the Appellant was palpably false. Therefore, the question of awarding lessor sentence does not arise. Moreover, on the following morning the Appellant gave out falsely that his wife on account of abdominal pain died in the preceding night, whereas from the doctor's evidence it was a clear case of causing death by strangulation. 10. In the aforesaid circumstances, we have no other option but to uphold the conviction and sentence passed against the Appellant. Accordingly the appeal fails and is dismissed. The order of conviction and sentence passed u/s 302, IPC against the Appellant is hereby affirmed. P.K. Misra, J. 11. I agree. Final Result : Dismissed