JUDGMENT :

J.R. Vora, J.

This Appeal is preferred by the appellant under Section 374 of the Code of Criminal Procedure, 1973, against the judgment and order delivered by Sessions Judge, Jamnagar, on 30th of September, 1999, in Sessions Case No. 35 of 1999, whereby the present appellant, being accused of the said Sessions Case, came to be convicted by learned Sessions Judge, Jamnagar, for the offences punishable under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life and to pay fine of Rs. 500/ in default to undergo simple imprisonment of six months.

2. As per the brief facts of the prosecution case, deceased Roshanben, daughter of Abhu Kasam Jadeja of village Bet, had married to Noor Mohmad Adam Chamadiya, the elder brother of appellant, about five months prior to the date of incident. The family was residing jointly at village Balapar Bet, Taluka Okha. The family members were fatherinlaw of the deceased Adam Yusuf; motherinlaw of the deceased Aminaben and two brothers of husband appellant and other Sattar Adam. Havaben, sister of the husband, also was staying in this family, who was aged about 12 years. Other two sisters Memuba, aged about 8 years and Kulsumben, were also staying with them. The incident occurred on or about 4th of December, 1998 at about 11.00 a.m. all the other family members, including husband of the deceased, were away from the house and deceased Roshanben, Havaben Adhambhai, aged about 12 years and appellant aged about 18 to 19 years, at that time, were in the house. Thereafter, Havaben Adhambhai went to fetch water from the well of the village. Deceased Roshanben was cooking in the kitchen of the house, which was made over by gunny bags partition. When the appellant and deceased Roshanben were alone in the house, the appellant started bantering, gibeying and jesting with deceased Roshanben. Roshanben prevented and told the appellant not to jester, and upon that, the appellant caught hold of the 'odhani' of the deceased (a part of Punjabi dress) to wear on shoulder by females, gagged her on face and on her eyes and dragged her in the room, poured some liquid upon her and ignited her. She started burning and started shouting. In the meantime, Havaben Adhambhai, returned after fetching water and she tried to extinguish the fire by pouring water and through quilt. After some times, Noor Mohmad Adam , husband of Roshanben and cousin brother Haji Noor Mohmad and her aunt Sarifaben came and deceased stated to them what had taken place. Her husband Noor Mohmad Adam shifted her to Primary Health Center of Village Bet where Defence Witness No. 1 Dr. Jayantilal Gokalbhai Pagda, treated her and found that she was semiconscious and was in shock. According to this Doctor, Roshanben had 90% burns and, therefore, she was referred to Mithapur Tata Hospital where she was treated by PW2 Narbheram Hiradas Gondaliya at about 2.30 p.m. He found that Roshanben had 80% burn injuries and she was conscious. He informed Mithapur Police Station and when the patient was treated, the police came in the hospital because message of the Doctor had received by Mithapur Outpost Police Station. ASI PW15 Pratapsinh Kodarji Jadav, thought it fit, to call one Jarinaben, a social worker to accompany him at the Hospital, as according to the message of Dr. Narbheram Hiradas Gondaliya, Roshanben was admitted for burn injuries. PW15 Prapatsinh Kodarji Jadav, found that Roshanben was conscious and he obtained opinion of Dr. Gondaliya and recorded the complaint of Roshanben, which is at Exhibit44 at about 5.15 p.m in the presence of Jarinaben, a social worker and thereafter in the said complaint, for the offence punishable under Section 307 of the Indian Penal Code was initially recorded and thumb impression of the deceased was taken on that and signature of Jarinaben was also obtained. In the said complaint, d