S.B. Shukre, J.

1. By this appeal, the appellants have challenged the judgment and order dated 31.12.1998, passed in Sessions Trial No. 207/1997, by 7th Additional Sessions Judge, Nagpur thereby convicting the appellants of the offences punishable under Sections 307and 498-A read with Section 34 of the Indian Penal Code. Briefly stated, facts of the case are as under:

"Complainant in this case is one Kamlabai, who is the first wife of accused No. 1. Their marriage was solemnized in the year 1964 and after the marriage, complainant started cohabiting and residing together with accused No. 1 at his house at Umred. As the time passed by, accused No. 1 performed three more marriages without obtaining any dissolution of his marriage with Kamlabai. The accused No. 2 was the fourth woman with whom accused No. 1 performed illegal marriage. Second wife of accused No. 1 died and third wife of accused No. 1 left his house on the say of her parents due to bad behavior of accused No. 1. The accused No. 2 also cohabited along with accused No. 1 in the same house as the complainant-Kamlabai was allotted a separate room in the same house."

It has been alleged that there used to take place quarrels on and off in between Kamlabai on the one hand and both the accused on the other. At about 8.00 p.m. of 23.3.1995, yet another quarrel took place between both the accused on the one hand and Kamlabai on the other. It was alleged that the accused No. 2 was insisting that Kamlabai should not live in the house and that the house be registered in her name. Some time thereafter at or around mid-night of 23.3.1995, yet another quarrel took place between Kamlabai and accused No. 2 which ultimately led to the incident of burning in this case. At that time, accused No. 2 brought a blue plastic Can containing kerosene oil and she poured kerosene oil from that Can on the person of Kamlabai. Accused No. 1 was present there and he took part in the incident. He lit a match stick and set Kamlabai on fire. After being set on fire, Kamlabai, experiencing pain, shouted for help. At that time, Sanjay Bawne alias Balya, the maternal brother of accused No. 2, had already come to stay together with accused No. 1 and 2 and was present in the house. On hearing shouts, he went to the room of Kamlabai and saw Kamlabai as in flames and therefore by pouring 2-3 bucketfuls of water on her person, he extinguished her fire. Even then, Kamlabai sustained quite a serious burn injuries on limbs and back portion.

Since nobody assisted Kamlabai in getting her treated at the hospital, Kamlabai decided to help herself. Some time after the incident and after recovery from the shock, Kamlabai went to the Police Station, Umred and sought help of the Police. Kamlabai was first taken to Government Hospital at Umred where her oral report was reduced into writing by the Police and which was treated as F.I.R. against both the accused. On its basis, offences punishable under Section 307 and 498-A read with section 34 of the Indian Penal Code were registered against both the accused and investigation commenced. Meanwhile, Kamlabai, the complainant, was referred to the Government Medical College and Hospital, Nagpur for better management of her burn injuries. She was required to remain hospitalized for about 15 days and after gaining considerable recovery from the burn injuries that she was discharged from the hospital.

After registration of the crime against both the accused, Police visited the spot of incident and draw spot panchanama. Police also found some incriminating articles at the spot of incident such as semi-burnt match sticks, match box, one blue plastic Can and partly burnt nine yard saree at the spot of incident. Police seized all these articles together with sample of simple earth and earth containing residues of kerosene oil by drawing seizure panchanama in presence of panchas. Statements of witnesses were recorded, seized articles were sent to chemical analyzer for analysis a