V.K. Tahilramani, J.

1. The appellant has preferred this appeal against the judgment and order dated 4th December, 2010 passed by the learned Additional Sessions Judge, Greater Bombay in Sessions Case No. 118 of 2010. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of the Indian Penal Code ('IPC') and sentenced him to undergo RI for life and fine of Rs. 500, in default, RI for one month.

2. The prosecution case briefly stated is as under :

Deceased Gauri was married to the appellant about eight years prior to the incident. At the time of the incident, Gauri was residing with her husband i.e. the appellant at Manuwadi behind Tata Compound, Vile Parle, Mumbai. The incident occurred on 3rd November, 2009. Gauri asked the appellant to go to work whereupon, a quarrel took place between Gauri and the appellant. In the course of the quarrel, the appellant poured kerosene on Gauri and set her on fire. Gauri was admitted in the hospital. In the hospital, PW 1-Shri Sankhe recorded the dying declaration (Exhibit 18) of Gauri. PW 2-SEO Mrs. Temkar also recorded the dying declaration of Gauri, which is at Exhibit 19. PW 8-API Kadam als