P.K. Musahary, J.

1. Heard Ms. M. Bujarbaruah, learned counsel for the appellant and Mr. Z. Kamar, learned Public Prosecutor, Assam. The sentence serving appellant takes on the judgment and order dated 18.1.2006 passed by the learned Sessions Judge, Jorhat in Sessions case No. 20(J)/03 whereby he has been convicted under Section 302 IPC and sentenced to undergo life imprisonment together with fine of Rs. 5000/-, in default of payment of fine, to undergo rigorous imprisonment for one year consecutively with the life imprisonment.

2. As per prosecution version the appellant was living with his wife in a rented house. They had spent conjugal life for 10 years. Issueless they are, no other person lived with them. On 3.10.2002 at about 7 AM, some neighbours having noticed smoke in the couple's rented house, rushed to enquire what had happened. When some neighbours knocked at the door, the appellant opened it to be found standing unconcerned near his wife who was already engulfed and being burnt by fire. The visiting neighbours by pouring water doused the fire and shifted the appellant's injured wife to hospital for treatment. As ill luck would have it, she succumbed to her 90% bur