1. The appellant has been convicted for the offence punishable under Section 304 Part-II of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for ten years and to pay a fine of Rs.1,000/-, in default to suffer simple imprisonment for one month

2. The appellant was chargesheeted for the offence punishable under Section 302 of the Indian Penal Code for having committed murder of his son. However, after conclusion of trial, the learned trial Court has convicted him for the offence punishable under Section 304 Part-II of the Indian Penal Code.

3. The prosecution case before the learned trial Court in brief was that the applicant was earlier married to one Sunita. He had divorced Sunita and was having livein relationship with Revati from village Kokadi. She was being treated as second wife of the appellant. The appellant had two issues from the said second wedlock. The deceased Vishal was one of them. The other issue is Master Chhotu. It was also the case of prosecution before the learned trial Court that there was a dispute between Revati and the appellant and therefore, Revati had gone to stay with her parents. Vishal and Chhotu were staying with the appellant.

4. The incident in question had occurred on 22.1.2010 at about 3.00 to 4.00 a.m. Brother of the appellant had seen that smoke was emanating from house of the appellant. He, therefore, rushed to the spot and found that Vishal was burning and shouting. The appellant's brother extinguished the fire. The deceased Vishal was admitted at General Hospital in Gadchiroli. It is alleged that Vishal had given a statement on 22.1.2010 at about 12:10 a.m. which was recorded by the Executive Magistrate. Deceased Vishal had stated in his statement that he was set on fire by his father after pouring kerosene on him from a kerosene lamp. An offence under Section 307 of the Indian Penal Code was registered against the appellant at Armori Police Station and further investigation continued.

5. Vishal died on 23.1.2010 due to burn injuries. Post-Mortem Examination was conducted by the Medical Officer. The Medical Officer had stated in his report that the deceased had died due to shock due to 70.5% burn injuries. During the course of investigation, statements of witnesses including Uncle of the deceased were recorded and after completion of investigation, chargesheet was filed against the appellant.

6. A Charge under Section 302 of the Indian Penal Code was framed against the appellant by the trial Court. The appellant pleaded not guilty and claimed to be tried.

7. The defence of the appellant was of total denial. I have gone through the statement of the appellant recorded under Section 313 of the Code of Criminal Procedure Code and I find that the appellant has not taken any specific defence.

8. The prosecution had examined in all nine witnesses in support of its case. P.W.1Purushottam and P.W.2 Damodar are brothers of the appellant. P.W.3Savita is wife of P.W.1. P.W.4 Revati is second wife of the appellant. P.W.5 Shashikant Channawar is the Executive Magistrate who recorded statement of the deceased. P.W.6 Dr. Tushar Ghodeswar is a Medical Officer who had examined dead body of deceased Vishal. P.W.7 Govind Madne is the Police Officer who had recorded the First Information Report. P.W.8 Vijay Deshmukh is the Investigating Officer and P.W.9 Madhuri Weake is the Medical Officer who had certified the deceased to be in fit condition to give a statement of 22.1.2010.

9. P.W.3 has been declared hostile. P.W.1 has stated that the appellant is his eldest brother. He has further stated that the appellant had given divorce to his first wife Sunita. His wife Sunita and daughter from the said wedlock were staying at Vairagad separately from the appellant. The appellant had married Revati after two years. He has got two sons namely Vishal and Chhotu. Revati was not at home on the date of incident as she had gone to her parental house. P.W.1 had seen that smoke was emanati