S. B. SINHA, J.

( 1 ) APPELLANT is before us being aggrieved by and dissatisfied with the judgment dated 19. 7. 2005 passed by a Division Bench of the Bombay High court, Aurangabad Bench, in Criminal Appeal No. 576 of 1996 dismissing the appeal preferred by him against the judgment and order of conviction and sentence dated 7. 9. 1996 of the learned Additional Sessions Judge, Jalna under Section 302, i. P. C. in Sessions Case No. 24 of 1991.

( 2 ) KAMLABAI, the deceased, was married to the appellant 15 years prior to the incident which took place at about 9. 00 p. m. on 7. 6. 1990. The couple had five children -two daughters and three sons - all being minor at the material time. Appellant was not doing any work. He was said to be addicted to liquor. Deceased used to work as a labourer in Bajrang Dal Mill.

( 3 ) IT is the case of the prosecution that she had all along been ill-treated by her husband. On the fateful day of 7. 6. 1990, she came from work at about 6. 30 p. m. She had prepared food. At about 9 p. m. when she was serving food to the appellant, he took out kerosene from the lamp, poured it on her and set her ablaze. He, thereafter, fled away from the place.

( 4 ) ON h