V.M. Deshpande, J.

1. The appellant is convicted by the learned Additional Sessions Judge-4, Nagpur on 9.8.2012 in Sessions Trial No. 457 of 2011 whereby the learned Judge convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code for committing murder of his wife Megha and directed him to suffer imprisonment for life and to pay a fine of Rs. 500/- and in default to suffer further rigorous imprisonment for one month.

2. We have heard Mr. C.H. Jaltare, learned Counsel for the Appellant, Mr. S.M. Uikey, learned A.P.P. for respondent no.1/State and Mr. R.R. Vyas, learned Counsel for first informant/respondent no. 2. With their able assistance, we have gone through the record and proceedings.

3. Deceased Megha was wife of the present appellant. The couple was having two daughters and one son. The daughters are Ku. Sharyu (PW-1) and Ku. Pranjali (PW-3). According to the prosecution case, upon the first information report (Exh. 16) filed by Sharyu (PW-1), Crime No. 112 of 2011 was registered initially for the offence punishable under Section 307 of the Indian Penal Code on 21.6.2011. Consequently, the offence was converted for the offence punishable under Section 302 of the Indian Penal Code upon death of Megha on 3.7.2011.

4. According to the First Information Report, the first informant Sharyu completed her education upto 12th Std. at Porwal College and the process of her admission in another college was in offing. Her mother deceased Megha was working as a teacher at Primary School, Zilla Parishad, Marartoli at Yerkheda and her father Suresh was not doing any work and used to pick up quarrel with her mother Megha on account of refusal to oblige the demand of appellant for giving money for consumption of liquor.

5. The First Information Report further reveals that, on 21.6.2011, at 5 O'clock in the evening, in the house all the family members were present. The appellant was sitting in the outer room under the influence of liquor. The first informant and her sister were in the kitchen. That time, the appellant came in the kitchen and used abusive words to the first informant and tried to make assault on her. Upon that, mother Megha came in the kitchen and questioned the appellant as to why he is beating their daughter. Upon that, the appellant also tried to assault Megha and demanded Rs. 100/- for drinking liquor. Upon refusal by Megha, appellant picked up a can kept in the kitchen. Thereupon, Megha ran in the another room. She was followed by the father/appellant and the appellant poured kerosene in the hall upon the person of Megha and set her ablaze. According to Sharyu, her mother was helped in extinguishing fire by the first informant and people from M.S.E.B. Megha was then taken to the Roy hospital.

Since the first information was disclosing commission of offence, crime was registered.

6. P.W.-7 is Sugriv Verma, a Head Constable. On 21.6.2011, he was attached to Police Station, Kamptee. On the said day, he received one MLC from Roy hospital, Kamptee. Thereupon, he went to Roy hospital and gave a letter to the Medical Officer asking him as to whether the patient is fit to give statement. The said requisition is at Exh. 51. Sugriv Verma (PW-7) thereafter recorded statement of Megha. After completion of the said statement, it was read over to Megha, who admitted its contents and thereafter, he obtained right toe impression on the said statement. It is at Exh. 52.

7. After completion of investigation, the Investigating Officer Dilip Wadankar (PW-9) was of opinion that sufficient evidence was appearing against the appellant, the charge sheet was filed. The learned Magistrate, in whose Court the charge sheet was filed, found that the offence was exclusively triable by the Court of Session and therefore, he passed the committal order.

8. The learned Additional Sessions Judge-I, Nagpur on 19.10.2011 framed charge against the appellant. The appellant abjured his guilt and claimed that he be tried.

9.