( 1 ) THE appellant was tried by the Additional Sessions Judge, Pune on a charge of having committed murder of his wife by pouring kerosene and setting her ablaze and also for having treated her with cruelty. The learned Additional Sessions Judge, found the appellant guilty on both the counts and convicted him for committing offence punishable under sections 498-A and 302 of the Indian Penal Code and sentenced him to suffer rigorous imprisonment for life and fine of Rs. 500/- in default to suffer R. I. for one month for the offence punishable under section 302 of the indian Penal Code. The trial Court did not impose any separate sentence for the offence punishable under section 498-A of the indian Penal Code. The appellant has therefore, preferred this appeal to challenge his conviction and sentence.

( 2 ) IN a nutshell, it is the prosecution's case that the deceased Sangita was married to the appellant serving as a Police constable in the year 1990-91. After the marriage, the deceased went for cohabitation to the house of the appellant accused at Vadgaon, Maval. Out of the wedlock, a girl child was born and till then there was no problem in so far as the matrimonial life of the couple was concerned.

( 3 ) ACCORDING to the prosecution, the appellant accused thereafter, started ill-treating his wife i. e. deceased Sangita and used to beat her on small mistakes. The deceased sangita complained to her parents namely her mother Vastala Laxman Ingale, P. W. No. 4 about the ill-treatment suffered by her at the hands of the accused. She was given an understanding and asked to adjust herself. Sangita was a graduate having obtained b. Com. degree and was trying to secure ajob.

( 4 ) ON the fateful day i. e. 20. 8. 95 at about 8 p. m. while Sangita was in a house along with her husband and father-in-law in flat no. 1, Lal Bahadoor Shastri Hsg. Soc. , erandavane, Pune, the appellant accused poured kerosene on her person and set her ablaze. When this incident occurred the attention of Hema Sanju Lakhe, P. W. No. 3 who was friend of Sangita and residing in the neighbourhood was drawn towards her house by her husband who noticed that smoke was raising out of the flat of Sangita because of which Hema Sanju Lakhe rushed to the flat of Sangita alongwith her husband and on reaching there saw that sangita had suffered burn injuries which was extinguished. Sangita requested her to remove the partly burnt clothes from the person but it was not possible as the clothes were stuck to the body and therefore, sangita asked for scissors from her husband who refused to give the same. Her father-in-law gave the scissors because of which Hema Lakhe could take out the stuck clothes from the person and wrapped her in a chadar. Thereafter, Sangita was taken to the hospital in an auto-rickshaw. Sangita was admitted at Sanjivan Hospital, Karve road, Pune where she came to be examined by Dr. Ukrant Anant Kurlekar, P. W. No. 2 who found that the patient had suffered burnt injuries to the extent of 50 to 52% on all over the body. It appears that the police was informed who requisitioned shri Koranne, Special Executive Magistrate, pune to record her dying declaration. In the dying declaration made to Shri Koranne, the deceased did not implicate the accused and exonerated him by stating that at about 9 p. m. she was making preparation to cook and for that she filled in kerosene in the stove and the stove burst due to which, part of saree caught fire and she got burnt and that on her raising alarm, her father-in-law extinguished the fire. In view of this, the police did not take cognisance of the incident. Subsequently, after the mother and relatives of Sangita arrived at the hospital on getting the information, she informed them that by pouring kerosene oil on her person her husband set her on fire. Her mother, Vastala Laxman Ingale, P. W. No. 4, informed about the facts leading to the incident to the Doctor in Sanjeevan Hospital. Dr. Palshikar,