Balakrishnan Nair, J.

The appellant, feeling aggrieved by his conviction and the sentence imposed on him in Sessions Case No.262/01 on the files of the Court of Sessions, Manjeri, has preferred this Criminal Appeal. The case against the appellant was as follows:-

The appellant was residing with his wife Rasiya and two children in a rented building bearing Door No.7/87 of Edakara Grama Panchayat. On the fateful day, there was a quarrel between the husband and wife and this led to the appellant pouring kerosene over Rasiya and setting fire to her at about 10 p.m. She was taken to the nearby hospital at Nilambur and from there to the Medical College Hospital, Kozhikode. While undergoing treatment, she breathed her last on 2.9.1997. Based on the F.I. Statement given by the deceased and the dying declaration made before the learned Magistrate, the police charge-sheeted the appellant for the offence punishable under Section 302 of the Indian Penal Code (for short IPC). The Judicial First Class Magistrate, before whom the charge-sheet was filed, committed the case for trial by the Sessions Court.

2. Before the trial court, the appellant pleaded not guilty to the charge. The pro