P.R. BORA, J.

1. Original accused No.1 and 3 in Sessions Case No.175/2000 decided by the Court of 3rd Additional Sessions Judge, at Ahmednagar on 29.11.2002, had preferred present appeal challenging the order of conviction and sentence passed against them in the said Sessions case. Vide the impugned judgment and order, appellant No.1 was convicted for the offences punishable under Section 498A and 323 of Indian Penal Code whereas appellant No.2 was convicted for the offences punishable under Sections 302, 498A and 323 of IPC.

2. During pendency of the present appeal, appellant No.1 viz. Nanasaheb Ganpat Nehul expired and the appeal thus stood abated against him. Appellant No.2 has prosecuted the appeal further. Appellant No.2 is hereinafter referred to as accused No.3.

3. It was the case of prosecution that accused No.3 poured kerosene on person of deceased Sangita, on 29.8.2000 at about 4.30 p.m. at her house and set her on fire. Deceased Sangita received extensive burn injuries. She was immediately removed to the hospital, but could not survive and succumbed to the burn injuries after about four days of the alleged occurrence. While in Civil Hospital at Ahmednagar, her sta