R.C.S. Samant, J.

1. This appeal has been preferred against the judgment of conviction and order of sentence dated 09.11.2010 passed by Sessions Judge, Mahasamund in S.T. No.26/2010 convicting the accused/appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life with fine of Rs.10000/-, plus default stipulation.

2. The prosecution case in brief is that deceased Saraswati Bai was second wife of the appellant and had two daughters out of their wedlock. In the night intervening 31-03-2010 and 01-04-2010 at about 1.30 am, appellant went to Kantu Ram Sahu (PW/1), Laxawantin Bai (PW/6) and Netram (PW/8) and informed them that deceased Saraswati Bai has self-immolated and while he was trying to extinguish the fire he also suffered burn injury over his hand. These witnesses went to the house of appellant and found deceased lying on the floor in burnt condition. Deceased was immediately taken to District Hospital, Mahasamund where primary aid was given and looking to her serious condition, she was referred to Medical College Hospital, Raipur and an information (Ex.P/4) thereof was sent to City Kotwali, Mahasamund. On the request of P.S. Kotwali, Mahasamu