Judgement

DUTT, J.:- This appeal by special leave is directed against the Judgment of the Madhya Pradesh High Court affirming the order of the learned First Additional Sessions Judge, Ujjain, convicting the appellant under S. 302, IPC and sentencing him to undergo rigorous imprisonment for life for the murder of his mistress Lachhibai.

2. The prosecution case, in brief, was that Lachhibai was the mistress of the appellant and they had been living together for a period of 15/16 years. There used to be frequent quarrels between them. It is not disputed that the appellants married wife was living separately from him. In the night of June 8, 1983 there had been a quarrel between the appellant and Lachhibai. On the next day, that is, on June 9, 1983 at 10.45 a.m., the appellant poured kerosene oil on her and thereafter set fire to her with the help of a lighted matchstick, in consequence of which the whole body of Lachhibai got burnt externally. She was removed to the hospital at the instance of Station House Officer, Manohar Lal Bhandari (P.W. 10).

3. Dr. Smt. Asha Bhargava (P.W. 1) examined Lachhibai and found that the whole of her body had sustained hundred per cent burns of second degr