ROHIT B. DEO, J.

1. The appellant is assailing the judgment and order dated 30.11.2005 rendered by the learned 3rd Additional Sessions Judge, Nagpur in Sessions Trial Case 408/1996, by and under which the appellant-accused is convicted for offence punishable under section 302 of the Indian Penal Code (“IPC” for short) and is sentenced to suffer rigorous imprisonment for life and to payment of fine of Rs. 1,000/-.

2. The accused was prosecuted for causing the death of his wife Smt. Rajani and his mother-in-law Smt Godabai, who indubitably suffered burn injuries on 12.2.1996 at 9.15 p.m. or thereabout at the residence of Smt. Godabai situated at Barde Layout, Borgaon within the jurisdiction of Koradi Police Station. Smt. Rajani, the wife of the accused succumbed to the burn injuries on 13.2.1996 and her mother Smt. Godabai expired on 17.2.1996. The learned Sessions Judge was pleased to record a finding that the death of Godabai was accidental, which finding is not questioned by the State and has assumed finality. The accused is convicted under section 302 of the Indian Penal Code for causing the death of deceased Rajani.

3. The prosecution case, as has unfolded during the course of the trial is thus:

(i) Deceased Rajani and deceased Godabai suffered burn injuries at 9.15 p.m. on 12.2.1996 in the house of Godabai situated at Borgaon (Barde) within the jurisdiction of Police Station Koradi and were immediately admitted in Mayo Hospital, Nagpur. A.S.I. Shri V.T. Vairagade (PW-5) who was manning the police booth in the hospital recorded their statements (Exhibit 51 and Exhibit 52 respectively) and forwarded the same to Koradi Police Station. In the interregnum, API Shri L.M. Khobragade, who was then attached to Police Station Koradi, received a message that Rajani and Godabai are admitted in Mayo Hospital due to burn injuries and after recording the entry in the station diary, API Shri L.M. Khobragade (PW-6) rushed to the hospital. API Shri L.M. Khobragade recorded the statements of Rajani and Godabai (Exhibit 58 and Exhibit 60 respectively), after the Medical Officer certified that both the patients were in fit condition to give the statement. API Shri L.M. Khobragade also addressed a requisition to the Executive Magistrate to record the statements of Rajani and Godabai, pursuant to which requisition, the Executive Magistrate Shri Umesh Kale (PW-3) recorded the statements of Rajani and Godabai (Exhibit 44 and Exhibit 45 respectively) at 2.20 a.m. on 13.2.1996. On the basis of the said statements, API Shri L.M. Khobragade registered offence under section 307 of the Indian Penal Code against the accused. Consequent to the death of Rajani and Godabai, offence punishable under section 302 of the Indian Penal Code was registered against the accused.

(ii) Investigation ensued, upon completion of which charge-sheet was submitted in the Court of Chief Judicial Magistrate, Nagpur who committed the proceeding to the Sessions Court. The learned Sessions Judge framed charge (Exhibit 7) for offence punishable under section 302 of the Indian Penal Code. The accused abjured guilt and claimed to be tried in accordance with law. The defence of the accused, as is discernible from the statement recorded under section 313 of the Criminal Procedure Code, 1973 and the trend and tenor of the cross-examination, is that on the fateful day, annoyed and enraged due to accused shifting the household articles from the rented premises to the house of the father of the accused, Rajani set herself afire. Rajani attempted to catch hold of the infant son aged about ten months. The accused saved the infant and attempted to extinguish the fire, in the process suffering severe burn injuries. The defence, further, is that while Rajani was trying to take the infant son from Godabai, the clothes of Godabai caught fire.

(iii) The prosecution examined six witnesses to bring home the charge. PW-1 Raju Gire and PW-2 Ramesh Gire, who were the sons of elder brother of husb