Sudheendra Kumar J.

The appellant is the accused in S.C. No.146 of 2008 on the files of the Sessions Court, Wayanad, who in this appeal challenges the judgment of conviction and sentence passed by the trial court under Sections 302 and 316 of I.P.C.

2. The court below awarded a sentence of imprisonment for life and a fine of Rs.25,000/- under section 302 I.P.C. No separate sentence was awarded for the offence under Section 316 I.P.C.

3. The prosecution case can be briefly stated as follows:- The deceased Kalarani, was the wife of the appellant. The deceased was working as a teacher in the Government School, Kallur during the relevant period. The deceased was residing with her mother and the appellant in a rented house near to the school. On 8.8.2005, the deceased went to the school as usual. The appellant also accompanied the deceased to the school and thereafter, he came back to the house. However, the appellant again went out of the house at about 10 a.m. on that day and he came back along with the deceased for taking lunch. The appellant and the deceased had lunch together. Thereafter, the deceased went to the toilet, which was situated outside the house. She cried aloud on seeing a snake near to the toilet. PW1, who is the mother of the deceased, went outside the house with a stick. PW2 and PW4 also reached there, on hearing the cry of the deceased. At that time, the appellant was seen standing near to the well situated on the back side of the bathroom. The appellant took the deceased into the house. After some time, the deceased was seen coming out running from the house with fire on the back side of her body. PW1 and others attempted to put out the fire using a jute sack. At that time, the appellant poured petrol on the body of the deceased. However, the fire could be put out using jute sack. The deceased was immediately taken to the Medical College Hospital, Kozhikode, where she succumbed to the injuries at 5 a.m. on 9.8.2005 while undergoing treatment in the hospital.

4. The deceased Kalarani had given Ext.P8 First information statement to the Assistant Sub Inspector of Police, Bethery, namely, PW18 at 10.30 p.m. on 8.8.2005 at the Medical College Hospital, Kozhikode. PW18 handed over Ext.P8 statement to PW19, the Sub Inspector of Police, Bathery, who in turn registered Ext.P9 First information report under Section 307 of I.P.C.

5. PW15, the Tahsildar conducted the inquest on the body of the deceased and prepared Ext.P1 Inquest Report. The investigation was taken over by PW20 on 9.8.2005. He prepared Ext.P2 scene mahazar. The appellant was arrested by PW20 on 9.8.2005. During the course of investigation, PW20 filed Ext.P10 report before the Court praying for altering the Section to Section 302 I.P.C. Thereafter, Ext.P11 report was also submitted by PW20 before the court adding Section 316 I.P.C. to the section of offences. The investigation was thereafter taken over by PW23 on 8.11.2005. After completing the investigation, PW23 laid the charge before the court concerned.

6. After complying with the legal formalities, the learned Magistrate committed the case to the Sessions Court, Wayanad.

7. In the trial, PW1 to PW23 were examined and Exts.P1 to P13 series were marked for the prosecution, besides identifying MO1 to MO18 series. Ext.D1 contradiction in the case diary statement of PW1 and Ext.D2 contradiction in the Case Diary statement of PW3 were marked for the defence during the cross-examination of PW1 and PW3 respectively. After closing the prosecution evidence, the appellant was questioned under Section 313 Cr.P.C., wherein he denied the incriminating materials appearing in the evidence of prosecution witnesses. Thereafter, since the court below found, after hearing both sides and perusing the evidence, that there was no scope for an order of acquittal under Section 232 Cr.P.C., the court below called upon the appellant to enter on his defence.

8. DW1 and DW2 were examined and Exts.D3 to D30 were marked for