Judgment

Dr. ARIJIT PASAYAT, J.—

1.Leave granted.

2.Challenge in this appeal is to the order passed by a Division Bench of the Bombay High Court, Nagpur Bench, dismissing the appeal filed by the appellant. Appellant faced trial for alleged commission of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’). He was convicted by learned Ist Additional Sessions Judge, Nagpur and sentence of life imprisonment and fine of Rs.200/- with default stipulation was imposed. Appeal filed against the judgment, as noted above, was dismissed.

3.Prosecution version as unfolded during trial is as follows :

The appellant-accused was tried on a charge of having committed murder of his wife Smt. Latabai (hereinafter referred to as ‘deceased’) by pouring kerosene on her person and setting her ablaze in the night of 29.4.2003 i.e. at about 1.30 a.m. in the police quarters No. 203/3 at Raghuji Nagar, Sakkardara at Nagpur. Appellant-accused was residing in the said quarters along with his wife-the deceased and children. On the fateful night when the neighbouring residents, mostly police personnel were in their respective quarters and sleeping in the courtyards, they heard sou