The main legal point established in the judgment is the requirement of sufficient evidence and motive in murder cases, as well as the importance of clear medical evidence in determining the cause of death and injuries.

K. J. ROHEE, J.

( 1 ) THE appellant has challenged his conviction for the offences punishable under sections 302 and 201 of the Indian Penal Code and sentence of imprisonment for life, fine of Rs. 1000/- and Rigorous Imprisonment for one year, fine of Rs. 500/- respectively under each section.

( 2 ) THE appellant was prosecuted for the offences punishable under sections 498-A, 302 and 201 of the Indian Penal Code. The case of the prosecution, in brief, is that the marriage of the appellant had taken place about 10 years before the incident with Nalu, the daughter of PW 1 Govinda s/o Fakiraji Hatwar, resident of Umarga-Bazar, Tah. Karanja, District - Washim. After marriage Nalu cohabited with the appellant at Anjangaon-Bari, District - Amravati. Out of the said wedlock the couple was blessed with a daughter, aged about 9 years and a son, aged about 5 years. According to the prosecution Nalu was treated properly by the appellant for about two years in the beginning. Thereafter the appellant started illtreating her. The appellant was addicted to liquor. The appellant used to demand money from her father. On the last occasion i. e. about eight days before the incident the appellant had demanded Rs. 2,000. 00 from his father-in-law. However the demand of the appellant could not be fulfilled. Thereupon the appellant raised quarrel with Nalu and threatened her with dire consequences.

( 3 ) THE appellant was residing in his house with his wife and children. His younger brother was also residing in the same house which was separated by a partition. The appellants father Shankar Kisnaji Yerne (PW 2) was residing in the hutment area of Anjangaon-Bari.

( 4 ) ON 10-12-1999 around 11. 00 p. m. PW 2 Shankar learnt that his daughter-in-law Nalu sustained burn injuries. PW 2 Shankar immediately came criminal Appeal No. 260 of 2002 decided on 12-12-2005. (Nagpur) to the house of the appellant and found that Nalu was burnt and dead. Hence at 1. 00 a. m. on 11-12-1999 he informed Police Station Badnera about the death of his daughter-in-law Nalu by report (Exh. 18 ). PSI Shendokar (PW 6) immediately visited the spot and carried out necessary investigation. He noticed that there was injury above the right eyebrow of deceased Nalu and her tongue had protruded from the mouth. On the same day in the afternoon PW 5 Dr. Nanwani, Medical officer, General Hospital, Amravati conducted autopsy. Dr. Nanwani noted bleeding from right ear, deformed dislocated left wrist joint, deformed dislocated left thumb, deformed nose, fracture nasal bone and burn injures amounting to 100% all over the body. Dr. Nanwani opined that the injuries other than burn injuries were ante mortem and the burn injuries were post mortem. On receipt of the post-mortem report offence under sections 498-A, 302, 201 of the Indian Penal code was registered against the appellant on 15-12-1999. The appellant was arrested. On his medical examination burn injuries on right forehead, left foot and nose were noted. After completion of investigation the appellant was charge- sheeted and tried. The defence put forth by the appellant is that his wife Nalu set herself on fire due to quarrel between her and her maternal uncle Prakash.

( 5 ) THE prosecution examined PW 1 Govinda s/o Fakirji Hatwar (the father of deceased Nalu); PW 2 Shankar s/o Kisnaji Yerne (the father of the appellant); pw 3 Shrikrishna s/o Marotrao Sakharwadhe and PW 4 Sau. Suman s/o rambhauji Yerne (panch witnesses); PW 5 Dr. Nanwani (Medical Officer) who conducted autopsy and PW 6 PSI Shendokar, who investigated the matter.

( 6 ) THE trial Court found that the prosecution failed to prove the charge under section 498-A of the Indian Penal Code. However, it held that Nalu met with homicidal death and that the appellant committed murder of his wife Nalu. The trial Court further held that the appellant intentionally burnt the dead body of nalu, thereby causing disappearance of the evidence with intent to screening himself fro