1. - This is an appeal against the judgment of the learned Sessions Judge, Balotra dated 29-4-1981 convicting the accused appellant under Section 302 I.P.C. and sentencing him to life imprisonment with a fine of Rs. 1.000/- and in default of payment of fine to further undergo rigorous imprisonment for six mouths.

2. The facts giving rise to this case that on 6 10-1980 Dr. Harish Bafna, Incharge Government Hospital, Siwana informed the Station House Officer, Police Station, Siwana on telephone that one Smt. Bhagwati had received the burns and is in very serious condition. She was found in a serious condition in Quarter No. 8. Thereafter Smt. Bhagwati Devi was brought to Hospital on a stretcher for medical aid. The Munsif and Judicial Magistrate, Siwana was also summoned and he recorded the dying declaration Ex. P 4 of the deceased. She in her dying declaration has deposed that her husband sprinkled kerosene on her and set-fire in order to kill her. On the basis of this dying declaration a case under Section 302 I.P.C. was registered against the accused and after close of the investigation the accused was committed to the Court of Sessions for trial under Section 302 I.P.C. T