Shircy V., J.

The appellant herein namely Varghese @ Varkey was sentenced to life imprisonment and to pay a fine of Rs.50,000/- and in default to undergo simple imprisonment for a period of two years, after having found him guilty of the offence punishable under Section 302 of the Indian Penal Code ('IPC' for short) in Sessions Case No.1029/2009 on the files of the Sessions Court, Alappuzha.

2. The facts leading to the case as stated by the prosecution are that, the appellant married Bindu, the deceased, who was the daughter of PW1 and PW2, on 22.8.2007 and they were residing together as husband and wife at his residence in Ward No.6 of Ezhupunna Panchayath, Alappuzha. While so, he had subjected her to cruelty demanding dowry. On 12.4.2009 at 7.30 p.m. the appellant with the intention to commit murder of Bindhu, made her to believe that both of them were going to commit suicide, tied her hands with a cloth and made her to lie down on the cot in their bedroom .He then poured Kerosene over her body and set her ablaze and fled away from the place of occurrence. Her hue and cry drew attention of the people residing nearby and the people gathered there tried to extinguish the fire. But she suffered serious burn injuries. Immediately she was rushed to the General Hospital, Ernakulam in an Ambulance and was admitted for treatment by PW16. On receiving information from the General Hospital, PW37, the Sub Inspector of Police, Aroor recorded the statement of PW1, the father of the victim, who was found along with the victim and registered Ext.P12 FIR on the basis of the said statement as Crime No.200/2009 of Cherthala Police Station, under Section 498A and 307 of IPC, at 12 O' clock in the midnight between 12.4.2009 and 13.4.2009. PW37 also made a request to PW18, the duty Doctor, to record dying declaration of the victim, as the service of any Magistrate was not available in the night. PW18 recorded Ext.X1 statement of the victim at 11.15 p.m. on 12.4.2009 in the presence of PW2, mother of the victim and PW19 Smt. Ushakumari, a Staff Nurse of the General Hospital, after certifying that the victim was conscious, oriented and was in a fit state of mind to make the statement. Bindhu, the victim narrated the overt acts on the part of her husband (the appellant) and the manner in which he caused the burn injuries on her. Though Bindhu had undergone treatment in the hospital, on the next day at about 1 p.m. she succumbed to the burn injuries sustained.

3. PW37, on 13.4.2009 at about 10.30 a.m., prepared Ext.P8 Scene Mahazar in the presence of PW30 and other witnesses and seized the articles found at the place of occurrence, as part of the investigation. PW29, the Additional Tahsildar of Cherthala, prepared Ext.P5 Inquest Report on 14.4.2009 at about 8.30 a.m. PW17 conducted post-mortem examination on the body of the deceased and issued Ext.P4 certificate. The Doctor certified that the deceased died due to the burn injuries sustained. The investigation was taken up by PW30, Dy.S.P., Cherthala and he submitted Ext.P15 report for altering section 498A and 307 IPC as to 302 of IPC. The appellant was arrested on 13.4.2009 as per Ext.P16 Arrest Memo. Ext.P17 is the Inspection Memo and Ext.P18 is the Arrest Notice. After investigation, the Dy.S.P., Chethala filed the Final Report before the Judicial First Class Magistrate-II, Cherthala, against the appellant for having committed offence punishable under Section 302 of IPC. That court, after completion of all the legal and procedural formalities, committed the case to the Court of Session as C.P.No.37/2009. When the appellant was produced before the Sessions Court, he was served with all the records and after hearing the prosecution as well the appellant, charge was framed under section 302 IPC. He pleaded not guilty and claimed to be tried. He was defended by a counsel appointed by the State.

4. In order to bring home the above stated offence, the prosecution had examined as many as 40 witnes