JUDGMENT :

PANKAJ MITHAL, J.

1. The appellant Anil Kumar has been convicted under Sections 302 and 498A of the Indian Penal Code¹[“IPC”, for short] by both the courts below and has been sentenced to life imprisonment and to pay fine of Rs.50,000/, and in default to undergo simple imprisonment for one year under Section 302 IPC and rigorous imprisonment of one year under Section 498A IPC with direction that both the sentences would run concurrently.

2. The incident is of 26.09.2010 and had taken place at 9:00 am in the morning at the house of the appellant. The allegation is that the appellant, with the intention to kill his wife, lighted a matchstick and threw it upon her when she had already poured kerosene upon herself due to the quarrel with the appellant.

3. The FIR No.621/2010 dated 26.09.2010 was initially registered under Section 307 IPC wherein it has been stated that the deceased wife, due to unbearable mental and physical harassment caused to her by the appellant, poured kerosene upon herself to deter the appellant from causing further torture to her and that the appellant with the clear intention to kill her took advantage of the situation and lighted the matchstick and thre