SASIDHARAN NAMBIAR, J.

1. Appellant was convicted and sentenced to imprisonment for life and fine of Rs.20,000/-and in default imprisonment for two years, for murdering his wife, for the offence punishable under Section 302 of Indian Penal Code. Appeal is filed challenging the conviction and sentence.

2. The prosecution case in short is that deceased Thressiamma, appellant and PW6 their five year old daughter were living together. Thresiamma was owning one acre rubber estate which was exclusively given to her just before her marriage by her sister and brother, releasing their rights inherited from the father. The appellant was insisting to transfer that property to his name which was being resisted by Thressiamma. The appellant had treated her with cruelty, both physical and mental. On 10/5/2005 night after 9 p.m.. Thressiamma reached the house of PW3 Omana to call PW5 Ealiamma, her sister over phone. PW3 and her husband had gone out and only PW4 Shibu their son, was there. Thressiamma called PW5 over phone and intimated that the treatment meted out to her by the appellant is unbearable. She requested her to take her to her house. PW5 consoled her and promised to come in the next morning to take her. By that time appellant along with minor daughter came there and scolded her and PW4 alleging that PW4 is having immoral relationship with Thressiamma. Appellant took Thressiamma with him and went to their house. PW4 in turn called PW13, the Vicar of the church to inform the conduct of the appellant and disclosed the incident. PW13 promised to be there in the next day morning to sort out the dispute. At about 3-4 a.m.. in the early morning on 11/5/2005, appellant came to the house of PW2 Damodaran requesting to provide his vehicle to take his wife to the hospital disclosing that she suffered burns. Along with the appellant PW2 reached the house and found Thressiamma lying on the bathroom near to the residential house of the appellant sustaining burns. She was unconscious. Appellant with the help of PW2 took Thressiamma in that vehicle driven by the son of PW2. PW2 was sitting on the front side. His son was driving the vehicle. Appellant with the deceased lying on his lap was sitting on the back side. On the way PW2 asked appellant what happened. Appellant did not reply. It is alleged that the deceased who regained consciousness at that time replied that it was done by the appellant. On the way when the vehicle was stopped in front of Co-operative Hospital, Payyannur. The doctor advised them to take the injured to Medical College Hospital. Appellant took Thressiamma to Pariyaram Medical College. PW22, the doctor examined Thressiamma at the casuality and found 90% burns and prepared Ext.P13 wound certificate at 4.05 a.m. and admitted her in S2 unit. PW1 Thomas, brother of Thressiamma got information from PW7 Joy, the husband of PW5 that Thressiamma is hospitalized due to burns. He reached Pariyaram Medical College Hospital and thereafter furnished Ext.P1 first information statement which was recorded by PW17 Additional Sub Inspector, who registered the crime for the offence under Section 307 of Indian Penal Code under Ext.P1(a) FIR. As the condition of Thressiamma was bad and Judicial First Class Magistrate Payyannur was not available and recording the dying declaration by the Magistrate at Kannur, who was in charge, would take time which may be fatal, on the request of Sub Inspector under Ext.P10, the Superintendent of Medical College directed PW15 Dr. Premarajan to record her dying declaration. PW15 recorded Ext.P9 dying declaration in the presence of PW16 police constable and entrusted to the Superintendent who forwarded it to Judicial First Class Magistrate under Ext.P9(a) letter enclosed in Ext.P9(b) envelope. PW20 Circle Inspector of Police prepared Ext.P3 scene mahazar and recovered MO.1 lantern and MO.2 can which was filled half by kerosene. MO.3 remnants of Maxi and MO.4 remnants of under skirt were sent to laborato