S. R. DONGAONKAR, J. :- By this appeal, State of Maharashtra challenges the acquittal of the respondent of the offence punishable under section 302 of the Indian Penal Code recorded by 2nd Additional Sessions Judge, Wardha in Sessions Trial No. 163/1992 wherein he was tried for the aforesaid offence on the allegations that on 11-5-1992, he caused death of his wife Sau. Sulochana by beating her and then pouring kerosene on her person and setting her ablaze.

2. The incident occurred in Police Line Headquarter of Wardha. The respondent who is Police Constable was residing in Quarter No. 1 in the said Police Line. On 11-5-1992, at about 12.00 - 1.00 noon, there was quarrel between his wife Sulochana (deceased) and the respondent. It is alleged that P.W.1 Niranja Kundu who was residing in Quarter No.2 heard the noise of the said quarrel. It is also alleged that thereafter he heard the noise of beating by the respondent to his wife and her shouting "Bachao; Bachao". It is alleged that thereafter he witnessed respondent pouring kerosene on her person and pushing her on the ground. It is further alleged that P.W. 1 Niranjan Kundu came out of his room and noticed that quarter of the