D. D, SINHA, J. :- Heard Mr. R. M Daga, Advocate for appellant and Mr. Sonare, Additional Public Prosecutor for respondent/State.

2. This Criminal Appeal is directed against the judgment and order passed by 3rd Additional Sessions Judge, Nagpur in Sessions Case No. 156 of 2000 whereby the appellant is convicted for the offence punishable under section 302 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for life. The appellant is also directed to pay a fine of Rs. 1,000/- in default to suffer imprisonment for six months. The appellant is acquitted for the offence punishable under sections 498-A and 304-B of the Indian Penal Code.

3. The relevant facts and circumstances which have given rise to the prosecution of appellant are as follows:

Deceased Savita was wife of the appellant/accused and their marriage had taken place about three years prior to the date of incident i.e. 28-3-1999. After their marriage, both resided together in the house located within the jurisdiction of Police Station, Imambada. The parental house of deceased Savita was at some distance from the house of accused. The appellant has one son and one daughter. It is the case of prosecution that, in the marriage, parents of Savita gave Rs. 10,000/- and ornaments to the accused. The house in which the appellant and Savita were residing at the relevant time was a tenanted house owned by Vimal (PW I). It was alleged by prosecution that the accused subjected deceased Savita to cruelty on account of non-fulfilment of monetary demand made by him from time to time.

4. On the day of incident i.e. on 28-3-1999, Prabhabai (mother of deceased Savita) had visited the house of appellant. At about 8.00 p.m., appellant returned home in a drunken condition and started abusing his wife Savita and her mother Prabhabai. It was the case of prosecution that the accused poured kerosene on the person of Savita and set her on fire. Prabhabai and Vimal (PW I) tried to extinguish fire and therefore, had sustained severe bum injuries. Savita, Vimal (PW I) and Prabhabai were taken to Medical College and Hospital, Nagpur. PSI Sunil Eknath Wanjari (PW 4) recorded statement of Savita (Exh. 45). PSI Bhila Narayan Bachao (PW 5) recorded statement ofPrabhabai, which is at Exh. 43; on the basis thereof, PSI Bachao (PW 5) lodged First Information Report in Police Station, Imambada. Offences under sections 498-A and 307 of the Indian Penal Code were registered against the accused. Savita succumbed to the injuries on 29-3-1999 at 6.25 A.M. Savita had sustained 100% bum injuries. Police prepared Inquest panchanama and forwarded dead body of Savita for post-mortem examination. Prabhabai had sustained 77% burn injuries. Rajiv Babarao Raut (PW 3), Special Judicial Magistrate recorded the dying declaration of Prabhabai, which is Exh. 41. He also recorded dying declaration of injured Vimal Kamble, which is Exh. 39. Prabhabai also succumbed to the bum injuries on 1-4-1999. Police prepared inquest panchanama and forwarded her dead body for post-mortem examination. Offence under section 302 of the Indian Penal Code was registered the appellant in addition to the offences already registered against him.

5. On completion of formal investigation, the charge-sheet was filed and the case was committed to the Court of Sessions for trial. Charge was framed against the appellant for the offences punishable under sections 498-A, 304-B and 302 of the Indian Penal Code. The appellant pleaded not guilty and claimed to be tried. Defence of the accused/appellant was that quarrel had taken place on account of domestic issue with his wife Savita, who, poured kerosene on her own person and committed suicide. The appellant tried to extinguish fire and sustained burn injuries. He was also admitted in the Medical College and Hospital, Nagpur for treatment. The appellant/accused pleaded not guilty and claimed to be tried.

6. Mr. R. M. Daga, Advocate for appellant has contended that the cas