JUDGMENT - R.A. JAHAGIRDAR, J.:---This is an appeal preferred by the accused, who has been convicted in Sessions Case No. 50 of 1977 by the learned Additional Sessions Judge of Dhule of the offence punishable under section 304 (part I) of the Indian Penal Code. The said order of conviction has been recorded by the learned Additional Sessions Judge on 14th of February, 1978 and by an order of the same day he sentenced the accused to rigorous imprisonment for ten years. The accused was originally tried for an offence punishable under section 302 of the Indian Penal Code on the ground that he committed the murder of his wife Sarubai by setting fire to her clothes with the intention of causing her death.

2. The scene of offence is situated in a village called Pilode in Shripur Taluka of Dhule District. In that village, there are two localities known as new locality and old locality. In the new locality the accused was residing with his wife and a daughter for two months before this incident took place in a hut which had been allotted to him by the Government. His other relations were residing in the old locality. His luckless wife had been married to him 5 or 6 years before this incide

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