JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of CrPC has been preferred by the appellant against impugned judgment dated 13/12/2019 passed in Sessions Trial No. 08/2018 whereby learned Additional Sessions Judge Gharghoda, Distt. Raigarh has convicted him for offence punishable under Section 302 and 201 of IPC and sentenced to undergo life imprisonment with fine of Rs. 500/­ in default of payment of fine, further R.I. for 2 months and R.I. for 5 years with fine of Rs. 500/­ in default of payment of fine, further R.I. for 2 months, respectively.

2. Case of the prosecution, in brief, is that on 09/01/2018 at about 10 PM at village Gharghoda, the appellant herein firstly caused the death of his wife Jankunwar Rathiya by strangulating her neck and thereafter, burnt her body and committed the said offences.

3. Further case of the prosecution is that complainant Anand Rathiya (P.W.­1), son of appellant/accused and the deceased, informed the Police on 09/01/2018 that on 08/01/2018 at about 9 PM, his mother Jankunwar Rathiya (deceased) was sitting in the courtyard and was warming her hands after lighting a fire and he and his father, the appellant/accused, were