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 respondent was closed from inside, somehow deceased managed to get it opened and she came out of the house. It is alleged that one Borkar who was Police Head Constable under suspension also came out of his room. It is further alleged that respondent followed her with a matchstick in his hand and while the deceased was lying on the ground, he lighted the matchstick and burnt on the neck of the deceased when deceased started burning, respondent went inside the room. It is alleged that P.W. 1 Niranjan Kundu who was working as Sweeper in Police Department was frightened so he started shouting loudly "Bachao Bachao". It is alleged that thereafter, the neighbours who were also working in Police Department, i.e. Borkar and Malik came to the spot. The fire of the deceased was extinguished and she was taken to the hospital. A D. No. 39/92 was registered at about 11.50 hours at Police Station, Wardha. As the deceased had sustained 100% burns, she breathed her last at about 8040 p.m. After registration of AD. P.S.I. Deshmukh prepared spot panchnama. He also seized some of the articles like kerosene tin, matchstick, pieces of burnt saree etc. from the spot. On following day, P.W. 1 Niranjan Kundu lodged report against the respondent Ex. 31. Upon which Crime No. 268/1990 under section 302 of the Indian Penal Code came to be registered. Investigation was conducted by P.W. 6 Dy. S. P. Patil. He again prepared panchnama of scene of offence Exh.38 and seized quilt allegedly smelling of kerosene. He recorded statement of witnesses. P.W. 7 P.S.O. Shende after registering the offence referred the respondent for medical examination as he had also sustained burn injuries on his hands, upon which P.W.9 Dr. Daga examined him. Post-mortem examination was conducted on the dead body by P.W.8 Dr. Moon. Seized articles were sent to C.A and after due investigation, respondent was charge-sheeted for the offence under section 302 of the Indian Penal Code in the Court of C.J.M. Wardha.

3. On committal of the case to the Court of Sessions, learned Additional Sessions Judge framed charge for the offence under section 302 of the Indian Penal Code. The respondent denied the charge and claimed to be tried.

4. In order to bring home guilt of the accused, prosecution examined as many as 10 witnesses. P.W. 1 Niranjan Kundu is alleged eye witness to the whole of the incident and he had also lodged report to the police station Exh.31 upon which printed FIR was drawn as per Exh.32. P.W. 2 Shankar Gedam is also alleged eye witness to the part of the incident. P.W. 3 Hafiz Khan, P.W. 4 Majidali Hussain are witnesses to the first and second spot panchanamas Exh.37 and ExhAO. P.W. 5 Reserve Police Sub Inspector Deshmukh has seized the quilt smelling kerosene from the spot under panchnama Exh.39. He