A.M. THIPSAY, J.

1. The appellant was the accused in Sessions Case No. 270 of 2008, which had been filed in Sessions Court at Aurangabad. The allegation against the appellant was that he had committed the offences punishable under Sections 302 and 498-A of the Indian Penal Code. After holding trial, the learned Additional Sessions Judge-5, Aurangabad, sentenced the appellant to suffer imprisonment for life and to pay a fine of Rs. 5,000/-, with a default sentence, with respect to the offence punishable under Section 302 of the Indian Penal Code; and to suffer rigorous imprisonment for three years and to pay a fine of Rs. 5,000/-, with a default sentence with respect to the offence punishable under Section 498-A of the Indian Penal Code. The appellant, being aggrieved by the said judgment of conviction and the sentences imposed upon him, has filed the present appeal.

2. The prosecution case before the trial Court was, in brief, as follows :

a) That, the appellant was married to Shobha-the deceased-some time in the year 2005. The appellant and Shobha were residing in their own house with their child-Sanket-aged about 2 years. The appellant initially treated Shobha properly, but later on started insisting that she should bring some money from her parents and started harassing her on that account. On some occasions, Shobha had gone to her father and maternal uncle and brought some money, which was given to the appellant and spent by him. After spending the amount, the appellant again started harassing Shobha by abusing and beating her and that, about a month prior to the incident, he started insisting that Shobha should bring an amount of Rs. 50,000/-from her parents. The appellant and Shobha attended the marriage of the brother of the appellant about five to six days prior to the incident; and even thereafter, the appellant was beating and abusing Shobha.

b) That, on 04.06.2008, at about 9 a.m., the appellant started quarrelling with Shobha questioning as to why she had not brought the amount of Rs. 50,000/-from her parents. That, during the quarrel, the appellant poured kerosene over the person of Shobha and set her on fire by lighting a match stick. Shobha raised cries, as a result of which, persons residing in the neighbourhood, including Rekha Ghait (DW-1) and Kautik Thorat (DW-2) came there. The fire was extinguished and Shobha was taken to GHATI hospital. A medico legal case bearing No. 212 of 2008 was got registered at M.I.D.C. Waluj Police Station, Aurangabad. Police Head Constable Digamber Mupde (PW-4) recorded statement of Shobha (Exhibit-19). Shobha stated that the appellant had been ill-treating her, that he was harassing her for money and that, the appellant had poured the kerosene over her person and had set her on fire.

c) Based on this statement, a case in respect of offences punishable under Sections 307 of the Indian Penal Code and 498-A of the Indian Penal Code was registered by Shripad Paropkari, Deputy Superintendent of Police, (PW-3). It was entrusted to P.S.I. Laxman Borse (PW-7) who commenced the investigation. The appellant was arrested on the same day i.e. on 04.06.2008. On the next day Chandrakant Sude, Naib Tahsildar & Special Executive Magistrate (PW-6) again recorded a statement of Shobha, in which also, she stated that the appellant had poured kerosene over her and had set her on fire. On 08.06.2008, Shobha succumbed to the burn injuries. The cause of death of Shobha was described in the notes of the postmortem examination on the dead body of Shobha as "Shock due to burns". Thereafter, the accusation of the offence punishable under section 307 of the Indian Penal Code was changed to one punishable under Section 302 of the Indian Penal Code.

3. The prosecution examined seven witnesses during the trial, four of whom have already been referred to above while narrating the prosecution case. The others are Jagannath Tupe-father of Shobha-(PW-1), Shivaji Kalematernal uncle of Shobha-(PW-2