( 1 ) THE appellant who is convicted for the offences punishable under Sections 498-A and 302, IPC and sentenced to suffer imprisonment for life for the offence u/s 302, IPC and R. I for 2 years for the offence u/s 498-A, IPC has challenged the Judgment of conviction and sentence in this appeal. He was charged and tried for these two offences by the learned II Addl. Sessions Judge, D. K. , Mangalore.

( 2 ) THE case of the prosecution in a nut shell is as follows :the accused-appellant is the husband of the deceased Smt. Shantha. He was a drunkard. He was in the habit of ill-treating his wife. He used to assault her whenever he came home drunk and subjecting her to physical and mental cruelty. On 23-2-1995, Smt. Shantha and her children went to Mari Festival in the evening and came back before the school timing of her son P. W. 3, Master Rajendra, son of the accused on the next day morning as the Mari Festival was during night. There was a quarrel between the deceased and the accused in the evening at 7. 30 p. m. on that day as the accused did not accompany his wife and children to the Mari Festival. It is alleged that the accused was commanding hiw wife to leave the house on the other night which she refused. At about 8. 00 p. m. when Shantha was feeding her female child which was 8 months old, the accused picked up the child from the hands of the deceased and kept in outside the house. He came back, secured a can containing kerosene and splashed it upon her. When she attempted to run away through the window of the kitchen, he caght hold of her tuft, dragged her inside and set fire to her. She raised hue and cry. After hearing the cries, P. W. 1 , Keshava, their neighbour came immediately to that place. He noticed that the accused was standing in front of the house. He questioned the accused as the cause for the noise. He did not respond. In the meantime, the injured Shantha came out with her children with burn injuries on her body. She narrated the incident to him and he immediately ran towards the Marigudi to bring her mother and brother. He noticed the brother of the injured near Marigudi. When he came back from Marigudi with C. Ws 2 and 10 to the house of the accused, neither the accused nor his wife Shantha were present in that house. Thereafter, the brother of the deceased Smt. Shantha and P. W. 1 went to the house of P. W. 4, the mother of the injured. The injured was not seen there. Then they went to the house of Dejamma, the sister of the accused where the accused was present with his wife and children. She was immediately taken to the Belthangady hospital where there was no doctor. She was thereafter taken to the Wenlock Hospital at Mangalore. P. W. 9, Timmappa N. the Head Constable in Mangalore South Police Station received intimation as per Ext. P 5 from Wenlock Hospital at about 2. 15 p. m. on 25-2-1995. Thereafter, he proceeded to Govt. Wenlock Hospital and saw the injured Smt. Shantha at Ward No. 9-11. According to him, she was in a condition to give the statement. He therefore, recorded her statement as per Ext. P 6. He came back to the Police Station and registered a case in Crime No. 72/95 u/s 307, 498-A, IPC and transmitted the FIR to the J. M. F. C II Court, Mangalore and copies of the FIR to his superiors. Since the place of occurrence was within the Belthangady P. S. limits, he forwarded the copy of the FIR to Belthangady P. S. P. W. 10, Puttaswamaiah, who was working as Sub-Inspector of Police, Belthangady P. S. took up further investigation on 26-2-95, visited the place of occurrence and drew the spot mahazar as per Ext. P 3 in the presence of P. W. s 6 and 7. He seized MOs 3 to 6 under Ext. P 3. On 27-2-1995, he visited the Mangalore Government Wenlock Hospital, contacted the Medical Officer and gave a requisition to the duty Medical Officer to ascertain the condition of the injured Smt. Shantha. P. W. 11, Dr. T. Bhaskar Alva, who was present there issued an endorsement as per Ext. P 8 cert