JUDGMENT :

K.M. JOSEPH, J.

1. This appeal maintained by special leave granted by this Court is directed against the judgment of the High Court dismissing the appeal and confirming the conviction and sentence imposed by the Additional Sessions Judge Pusad under Section 302 of the Indian Penal Code, 1860 (‘IPC’ for short). In brief the prosecution case is as follows:

The appellant was married on 12.05.1995 with the deceased. Out of the wedlock, two sons were born. The appellant was alleged to be having illicit relations with one lady. He was also drinking liquor. He would quarrel and ill treat his wife. On 19.4.1999 at about 12 o’clock in the night he came to the house in a drunken position and beat his wife and thereafter he poured kerosene oil and set her on fire. The deceased was shifted to the Hospital at Arni on 21.4.1999 at about 2.00 a.m. along with two sons who also suffered burn injuries. The appellant also sustained burn injuries. On 22.4.1999 Ram Audare recorded the dying declaration of the deceased. In the dying declaration the appellant was implicated as having, being d