JUDGMENT :

N.R. BORKAR, J.

1. This appeal takes an exception to the Judgment and order dated 28th January, 1998 passed by the learned 2nd Additional Sessions Judge, Nashik, in Sessions Case No. 194 of 1997.

2. By the impugned Judgment and order, the appellant who was an accused before the trial Court has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to suffer Rigorous Imprisonment for life and to pay fine of Rs. 1,000/- and in default of payment of fine to suffer Rigorous Imprisonment for six months.

3. It is the case of the prosecution that the deceased Ashabai was the wife of the accused. The incident took place on 16th July, 1997. According to the prosecution, on the day of incident, quarrel took place between the deceased and the accused and during the said quarrel, the accused poured kerosene on the person of the deceased and set her on fire. The deceased succumbed to her burn injuries on 17.07.1997 at about 10.30 p.m.

4. We have heard the learned counsel for the appellant/accused and the learned APP for the Respondent/State.

5. It is submitted on behalf of the appellant/accused that there is no evidence on record to show that the