1. This appeal is preferred by the appellant – accused against the judgment of conviction and order of sentence passed by the II Additional District & Sessions Judge, Davanagere in S.C.No.102/2011 dated 4.3.2013 convicting the accused for the offence punishable under Sections 498A and 302 of IPC and sentencing him to undergo rigorous imprisonment of 1 year and to pay a fine of Rs.5,000/- for the offence punishable under Section 498A IPC, inclusive of default clause and further to undergo imprisonment for life and to pay a fine of Rs.10,000/- for the offence punishable under Section 302 IPC inclusive of default clause. The said judgment has been challenged in this appeal urging various grounds.

2. The factual matrix of the appeal is as under:

On 13.05.2011 the victim Smt. Shivarudramma had given a statement before the Head Constable Suresh PW-15 at about 7.45 p.m. Based upon her statement, a case in Crime No.52/2011 for the offences punishable under Sections 498-A and 307 of the IPC came to be registered. In her statement, she had stated that about 16 years ago her marriage was performed with the accused Channabasappa as per the customs prevailing in the society. Subsequent to her marriage, she did not give birth to children. The said Channabasappa was addicted to consuming liquor and was in the habit of picking up quarrel with his wife frequently. He is also said to have given physical as well as mental harassment to her in the influence of alcohol. The harassment had been tolerated by her to lead her marital life with him. Despite of the same, he had continued to give harassment. On 12.05.2011 at about 3.30 p.m., her brother-in-law namely Umesha’s marriage was attended by herself and her husband Channabasappa. After the function, Channabasappa is said to have consumed alcohol and come to the house and picked up a quarrel with Shivarudramma abusing her in filthy language and then asked her to go and die. Saying so, the accused Channabasappa had brought the kerosene can and doused her with kerosene and then set her ablaze by lighting a matchstick. As a result, she sustained burn injuries all over her body. While she came out of the house full of flames, villagers on seeing her had extinguished the fire and then had secured a 108 ambulance and had taken her to Jagalur Government Hospital for treatment. Shivarudramma had sustained burn injuries on the chest, back, stomach, both her hands as well as on the knee and was initially treated in the said Jagalur hospital. Later, on the advice of the Doctor, she was shifted to CG Hospital, Davanagere for better treatment. She was admitted in that hospital in Burn Ward Nos.73 and 74. She sustained burn injuries due to her husband Channabasappa pouring kerosene on her and setting her ablaze. Based upon her statement, initially the case in Crime No.52/2011 for the aforesaid offences came to be registered. Thereafter the case was proceeded for investigation. However, the said Shivarudramma succumbed to the injuries after three days in the CG Hospital, Davanagere. On requisition made by the police an offence under Section 302 IPC was invoked in the aforesaid crime number.

3. Heard the learned counsel for the appellant and the learned Additional SPP for the State.

4. In order to establish the guilt of the accused, the prosecution in all examined 24 witnesses as PW-1 to PW-24 and got marked Exhibits P-1 to P-32, apart from getting marked material objects MO-1 to MO-4. Subsequent to closure of the prosecution evidence, the accused was examined as required under Section 313 Cr.P.C. for incriminating statement appearing against the accused, wherein the accused has denied the evidence put forth by the prosecution. Subsequently, as contemplated under Section 233 Cr.P.C. the accused had also let in defence evidence as DW-1 and DW-2 and got marked Exhibits D-1 to D-9. Subsequently, the court below heard the arguments advanced by the prosecution and the defence counsel and thereafter arrived at a