R. N. Aggarwal, J.

( 1 ) THE appellant Prabhu Dayal has been convicted for an offence punishable under Section 302 of the Indian Penal Code and sentenced to imprisonment for life. Dissatisfied with the conviction and sentence, he has come in appeal.

( 2 ). Prabhu Dayal was married to the deceased Smt. Sarita Gupta in 1975. Sarita gave birth to three children, two daughters and a son. The daughters were, at the time of the occurrence, aged 6 and 4 and the son was 8 or 9 months old. The couple resided on the second floor of D-II, Naraina Vihar. The apartment in occupation of the couple was a single room with bath, latrine and a terrace. The living room was also used as a kitchen.

( 3 ) ON 20th December 1982 at 11. 45 a. m. Prabhu Dayal went to the police station Naraina and gave information that that day at about 1115 a m. his wife Sarita Gupta, aged 28 years, who was mentally retarded has set herself on fire by sprinkling kerosene oil on her person and that he has come to report the matter.

( 4 ) THE report, copy of which is Ex. Public Witness 4/b was recorded in the daily diary. Sub-Inspector Ram Phal Singh along with Raghbir Prasad constable and Prabhu Dayal went to D-ll, Naraina

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