JUDGMENT

Natarajan, J. - In this Appeal by Special Leave against the judgment of the High Court of Delhi in Criminal Appeal No. 169 of 1982 the appellant Surinder Kumar challenges his conviction under Section 302 I.P.C. and the sentence of life imprisonment and fine of Rs. 500/- in default of payment R.I. for 3 months, awarded there for. The appellant bas been found guilty of having committed the murder of his wife Chander Kanta by pouring kerosene over her and setting fire to her at about 7.10 A.M. on 7.10.1979, in a one-room apartment in house No. B.5/165, Paschim Vihar in New Delhi occupied by them. The conviction and sentence awarded by the Sessions Judge have been confirmed by the High Court, and hence this Appeal by Special Leave.

2. The appellant who had married Chander Kanta on 26.11.1978 was ill treating her because she had not brought adequate dowry and cash from her parents house. As per Chander Kantas statement the appellant was addicted to drinking and gambling.

3. On the day of occurrence P.W. 3 Sardar Gurbax Singh, the landlord of the house heard the cries of Channer Kanta and rushed out of his room adjoining the tenanted portion. He saw Chander Kanta lying engulfed in