A. M. BADAR, J.:–By this appeal, appellant Satyanarayan Yadav, who happens to be husband of deceased Lakhi Devi, is challenging the Judgment and Order dated 04.03.2014 and 06.03.2014 respectively passed by the learned Adhoc Additional Sessions Judge-I, Katihar, in Sessions Trial No.377 of 2012 thereby convicting him of the offence punishable under Section 302 of the Indian Penal Code and sentencing him to suffer life imprisonment apart from imposition of fine of Rs.5000/- and default sentence of simple imprisonment for two months. He, however, came to be acquitted of the offence punishable under Section 4 of the Dowry Prohibtion Act. For the sake of convenience, the appellant shall be referred to as an “accused”.

2. Facts in brief leading to the prosecution of the accused can be summarized thus:—

(a) It is case of the prosecution that at about 02.30 P.M. of 20.10.2011, the accused sprinkled kerosene on person of his wife Lakhi Devi at his residential house situated at Raghunathpur and incinerated her by throwing burning match stick at her.

(b) Lakhi Devi (since deceased) married the accused eight years prior to the incident in question. Out of this wedlock, she had given birth to four children. She was cohabiting with the accused at his residential house at village-Raghunathpur falling under jurisdiction of the Police Station-Barsoi. P.W.1 Mansi Kumari is the eldest daughter of the couple.

(c) According to the prosecution case, the accused used to subject Lakhi Devi to cruelty for and on account of demand of dowry. He was insisting her to bring money as well as motorcycle from her parents. He used to beat her on refusal by Lakhi Devi to meet his demands. With the help of villagers, the matrimonial dispute between the couple came to be settled in the past but the accused continued to subject Lakhi Devi to cruelty.

(d) As stated, at about 02.30 P.M. of 20.10.2011, the accused poured kerosene on person of Lakhi Devi at his house and set her on fire. The accused then with the help of villagers took her to the Circle Referral Hospital, Barsoi for medical treatment. Thereafter, she was referred to the Higher Centre. Her brother-first informant/P.W.9 Naval Kishore Yadav and her father P.W.2 Dinesh Chandra Yadav along with others then started taking Lakhi Devi to the Hospital at Katihar but on the way, near Salmari, Lakhi Devi succumbed to the burn injuries. The dead body of Lakhi Devi was then brought back to her matrimonial house by her brother P.W.9 Naval Kishore Yadav, P.W.2 Dinesh Chandra Yadav-her father and others. They were told by P.W.1 Mansi Kumari, who happens to be daughter of Lakhi Devi that the accused had poured kerosene on Lakhi Devi, set her ablaze and then sprinkled salt on burnt body of her mother Lakhi Devi. That is how, on 21.10.2011, P.W.9 Naval Kishore Yadav lodged report against the accused alleging commission of murder of his sister by the accused. Accordingly, Crime No.214 of 2011 came to be registered with Police Station Barsoi and wheels of investigation were set in motion.

(e) P.W.4 Mirtunjay Kumar, Sub Inspector of Police Station-Barsoi, visited the spot of the incident, i.e., house of the accused situated at Raghunathpur. He inspected dead body of Lakhi Devi and prepared inquest notes. He effected seizure of broken pieces of bangles, hairband, hairclip, locket, the match box as well as container having smell of kerosene from the spot of the incident in presence of Panch witness P.W.6 Subhash Yadav. Dead body of Lakhi Devi was then dispatched for post-mortem examination.

(f) P.W.5 Dr. Ram Rekha Suman, the Medical Officer of the Sadar Hospital, Katihar, conducted post-mortem examination on dead body of Lakhi Devi on 21.10.2011. Statements of the witnesses came to be recorded and on completion of routine investigation, the accused came to be chargesheeted.

(g) The learned trial court had framed and explained the charge for the offences punishable under Section 302 of the Indian Penal Code and under Section 4 of the