S.S. SHINDE, J.

1. This Appeal is directed against the Judgment and order dated 30th September, 2013, passed by the Sessions Judge, Aurangabad in Sessions Case No. 2 of 2013, thereby convicting accused/Appellant Shaikh Babar Shaikh Noor for the offence punishable under Section 498A of the Indian Penal Code (for short "I.P. Code") and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Rs.500/-, and in default of payment of fine, to suffer rigorous imprisonment for Fifteen days. The trial Court also convicted the accused for the offence punishable under Section 302 of the I.P. Code and sentenced him to suffer imprisonment for life and to pay a fine of Rs.500/-, and in default of payment of fine, to suffer simple imprisonment for one month. The trial Court directed that both the sentences shall run concurrently.

2. The prosecution case, in nutshell, is as under:-

(A) Accused Shaikh Babar was residing with his wife Asma in a rented room of PW4 Shaikh Yunus at Sajapur. Accused married with Asma about two years prior to the incident. A female baby aged about eight months was born out of the said wedlock. Accused subjected his wife to cruelty after the birth of female baby by raising doubt about her chastity. Accused used to harass his wife Asma for the demand of motorcycle or an amount of Rs. 50,000/- from her parents and she informed the said demand of the accused to her parents.

(B) Incident took place on 21st September, 2012, at about 12.00 noon in the rented room of the accused at Sajapur. Accused quarreled with his wife Asma as he had doubt about her character and also his demand of motorcycle or money was not fulfilled. The accused poured kerosene on the person of Asma and set her on fire. Asma sustained burn injuries. She came out of her room crying for help. PW11 Asefa Yunus is the wife of PW4 Shaikh Yusuf, who is the owner of the rented room of the accused. PW11 Asefa came out of her house after hearing the shouts of Asma and she saw that Asma had caught fire and she extinguished the fire. PW9 Hussain Salim Pathan resides at a distance of 1000 feet from the rented room of the accused. He also came to the spot of incident after hearing shouts of Asma. He saw that Asma had sustained burn injuries. He was working as a driver on the auto-rickshaw of one Abdul Razzak. Accused placed injured Asma in his auto-rickshaw and PW9 Hussain Salim Pathan and the accused took injured Asma to GHATI Hospital. Injured Asma was admitted in Ward No. 22 of GHATI Hospital, Aurangabad. M.L.C. report in respect of burnt patient Asma was prepared in Police Outpost of GHATI hospital and it was referred to M.I.D.C. Waluj Police Station. PW6 Police Head Constable (for short "P.H.C.") Vitthal Javkhede registered M.L.C. No. 553 of 2012 as per the said report in M.I.D.C. Waluj Police Station. He made inquiry in respect of the said matter.

(C) P.H.C. Javkhede went to GHATI Hospital at about 3.15 p.m. on the same day. He recorded statement of the burnt patient Asma. He himself satisfied that Asma was in a fit state of mind and conscious to give statement. He obtained opinion from medical officer of GHATI Hospital before recording and as well as after recording the statement of burnt patient Asma that she was in a fit state of mind and conscious to give such statement. Asma stated in her statement that the accused poured kerosene on her person and set her on fire as the accused was suspecting her character and also his demand of money was not satisfied. On the basis of the statement of Asma, P.H.C. Javkhede registered Crime No. 222 of 2012 under Sections 498A, 307 and 504 of the I.P. Code against the accused at about 6.50 p.m. on the same day. P.H.C. Javkhede issued letter to Special Judicial Magistrate to record the statement of burnt patient Asma. The investigation was handed over to PW12 A.P.I. Narhari Pandharinath S