JUDGMENT :

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court at Jabalpur upholding the conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860(in short the IPC).

3. The background facts in a nutshell are as follows:

Prema Bai (hereinafter referred to as the deceased) died on 18.7.1992 in District Hospital, Chhatarpur. The appellant is the husband of the deceased. Relationship of the deceased was not cordial with the appellant because she was not beautiful. Beside that her brother-in-law attempted to commit rape on her and a Panchayat was convened by the deceased. The father-in-law and uncle-in-law of accused executed an agreement Exhibit (P-4) and assured that no such incident shall occur in future. Consequently, the deceased on 18-6-1992 came back to her husband house. On 19-6-1992, a quarrel took place between the appellant and the deceased. Consequently, the appellant sprinkled kerosene oil on the deceased and set her ablaze. On 20-6-1992, deceased was taken to Londhi hospital wherefrom she was referred to District Hospital, Chhatarpur, where she