Nadira Patherya, J.

1. This appeal has been filed against the judgment and order of conviction dated 27.5.2008 and sentence dated 28.5.2008 passed by the Additional Sessions Judge, Fast Track Court-I, Basirhat in Sessions Trial No. 7(4)/07 arising out of Sessions Case No. 155(12)/06 (G.R. No. 868/06) under Section 302 IPC whereby the appellant was directed to suffer imprisonment for life and to pay a fine of Rs. 5,000/- i.d. to suffer simple imprisonment for 3 months.

2. The case of the prosecution is that the marriage was solemnized between the victim and the appellant according to hindu rites and customs and out of their wedlock two female and one male child was born. The appellant was in the habit of taking liquor and on returning home under its influence the appellant would physically assault the victim. On 29th July, 2006 at about midnight the appellant poured kerosene oil on the victim's body and set her on fire which resulted in the victim sustaining 100% burn injury. The victim was admitted to the Basirhat hospital by her mother-in-law and brother-in-law and ultimately expired on 4th August, 2006. The incident occurred on 29th July, 2006. A complaint was lodged on 1