JUDGMENT

Vinay Joshi, J. - The present appeal is directed against the judgment and order of conviction passed by the Additional Sessions Judge, Akola dated 08.09.2021 by which the appellant is convicted for the offence punishable under section 304 of the Indian Penal Code and directed to suffer rigorous imprisonment for a term of ten years along with fine of Rs. 5,000/-. Though the appellant was charged for the offence punishable under Section 302 and 498-Aof the Indian Penal Code, the Trial Court instead of Section 302, held appellant guilty for the offence punishable under Section 304 of the Indian Penal Code and passed aforesaid mentioned sentence. The appellant was acquitted by the Trial Court for the offence punishable under Section 498-A of the Indian Penal Code.

2. The respondent/State has not challenged the appellant's acquittal for the offence punishable under Sections 302 and 498-A of the Indian Penal Code. During trial, the Appellant was in jail.

3. The prosecution case in nut-shell is that the appellant got married with deceased Rekha and they had two issues from said wedlock. On 19.03.2015, in the afternoon, Rekha sustained burn injuries, hence she was admitted to the Irv