M.L. Tahaliyani, J.

The appellant has been convicted by the Adhoc Additional Sessions Judge, Thane, by order dated 28.9.2004 for the offence punishable u/s.302 of IPC and is sentenced to suffer RI for life and to pay a fine of Rs. 1,000/-, in default, to suffer RI for three months.

2. The alleged incident had occurred on 22.12.95 at the house of the deceased Chhaya Ganpat Gaikwad. She was staying at Ambus Tekdi, Narpoli, Bhiwandi. She had three children and was earning her livelihood by selling bananas. The appellant was staying with her. The appellant and the deceased had live-in-relationship. On 22.12.95 at about 4 p.m., the appellant had allegedly abused the deceased and thereafter had poured kerosene on her person and had set her on fire. Mother of the deceased, who was staying nearby locality, had come to the rescue of deceased. The deceased was taken to hospital and her statement was recorded which was treated as FIR (Exhibit 25). The Special Executive Magistrate Mrs.Charushila More was also called. She had also recorded the statement of the deceased in the hospital. In the statement before SEM also, the deceased had stated that she was set on fire by Abdul Nizam Sar