J.B. PARDIWALA, J.

1. The present Appeal is at the instance of a convict-accused for the offences punishable under Sections 302 and 452 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 15th March 2008 passed by the learned Additional Sessions Judge, Fast Track Court No.6, Nadiad, in Sessions Case No.76 of 2007.

2. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code, and consequently, sentenced him to suffer life imprisonment with a fine of Rs.2,000=00 and in default of payment of fine, further rigorous imprisonment for a period of six months.

3. The learned Additional Sessions Judge also found the appellant guilty of the offence punishable under Section 452 of the Indian Penal Code, but in view of the life imprisonment imposed, thought fit not to impose any sentence so far as the offence of Section 452 of the Indian Penal Code is concerned.

Case of the Prosecution :

4. On 3rd April 2007 at around 12:15 a.m., the accused trespassed into the house of the deceased situated at village Antroli, Lalpura, and forced the deceased named Savitaben @ Munniben to have physical relations by catching hold of her hand. The demand of the accused was resisted by the deceased. In the process, the deceased is said to have given a bite on the hand of the accused, as a result, the accused got enraged. The accused, on getting enraged, picked up a container of kerosene which was lying in the house of the deceased and sprinkled the same on the body of the deceased. The accused thereafter ignited a matchstick and set the deceased on fire. The deceased suffered second to third degree burns on the body and was given preliminary treatment at the Kheda Civil Hospital and thereafter she was shifted to the V.S. Hospital at Ahmedabad, where she succumbed to her injuries on 13th April 2007.

5. The deceased herself lodged a First Information Report on 3rd April 2007 Exh.36, inter alia, stating that she was a mother of two sons aged about 7 years and 3 years respectively. She further stated that the accused used to visit her house when her husband was alive since both were friends. After the demise of her husband, the accused used to visit the house of the deceased. She further stated that on the date of the incident, there was a religious function at the house of one Mansangbhai Gandabhai Rathod, residing in her neighbourhood. Her younger son had gone to watch the function of ‘Garba’ organized at the house of Mansanghbhai. She stated that her elder son had gone of to sleep. She stated that at that point of time at around 12:15 hours in the night, the accused came at her house and asked her to sleep with him. The deceased denied the same, as a result, the accused got enraged and caught hold of the deceased from her hand. She stated in the F.I.R. that no sooner the accused caught hold of her hand she gave a bite on the hand of the accused, as a result the accused got more enraged and sprinkled kerosene on her body from a container which was lying near the kitchen in the house of the deceased. She further stated that the accused thereafter ignited a matchstick and set her on fire, as a result her saree, blouse and petticoat got burnt. She further stated that on raising shouts, her brothers-in-law and other people residing in the neighbourhood came rushing at her house and extinguished the fire by throwing a quilt on her body. She has further stated that she sustained severe burn injuries and was taken to the Kheda Civil Hospital for treatment by her brothers-in-law and others. After receiving some treatment at the Kheda Civil Hospital, she was shifted to the V.S.Hospital at Ahmedabad in an ambulance.

6. On the strength of the F.I.R. lodged by the deceased herself, the investigation commenced. The dying declaration of the deceased was recorded by the Executive Magistrate on 3rd April 2007 itself. The deceased suc