1. - This appeal is filed by the accused-appellant challenging the judgment dated 11.2.1998 passed by Sessions Judge, Jodhpur in Sessions Case No. 186/96 convicting the accused-appellant under Section 302 I.P.C. and sentencing him to undergo rigorous imprisonment for life and a fine of Rs. 5000/-, in default of payment of fine to further undergo for simple imprisonment of three months on the grounds mentioned in the memo of appeal and as also canvassed before me.

2. With the assistance of the learned counsel for the accused-appellant and learned Public Prosecutor we have scrutinised the record and re-appreciated the evidence on record.

3. The prosecution story as it emerges from re-appreciation of the evidence of record is that; on 24.9.1996 at 12:50 PM, PW-10 Adeem Bux, the Sub-Inspector, Police Station Pratap Nagar recorded the statement Ex. P-4 of Smt. Jeenat Aara, wife of Shri Riyaz Khan, at Burn Unit of Mahatma Gandhi Hospital, Jodhpur and she stated in her statement that she was got married with Riyaz Khan in the year 1987, she gave birth two babies, aged 8 years and 7 years. She is working as a Teacher in the Government Primary School Baldev Nagar, Jodhpur.

4. She further stated in her statement that due to some ailment in her abdomen the Doctor removed her 'OVARY', which culminated into the infertility. Thereafter, her husband desired for second marriage, but she opposed the same. On 24.9.1996, at 9.30, her husband said that he will give the divorce to her within three days. At that time she replied that "you are harassing me and I will die". At that moment, her husband told that "I burn you", and he brought the Jarikan of kerosene and poured on her. At that time she gave the matchbox to her husband and told 'lit the fire'. Thereafter, her husband lit the fire.

5. When she caught the fire, her husband poured 2-3 Bucket of water on her and ran away. Then her mother came there and took her to the hospital.

6. On the basis of above statement Ex. P-4, the Police registered a case under Section 498-A and 307 I.P.C. and started the further investigation.

7. During the course of investigation, the police inspected the site, prepared the site inspection memo which is exhibited as Ex. P-1, Ex. P-9 is the site Map, in which statements of various prosecution witnesses were recorded under Section 161 Cr.PC. The Magistrate recorded the Dying Declaration of Smt. Jeenat Aara which is exhibited as Ex. P/13, and the accused appellant was arrested and produced before the concerning Judicial Magistrate. After the interrogation, he was sent to judicial custody.

8. During the course of investigation, Smt. Jeenat Aara, died on 28.9.1996, at 9:30 AM. The Medical Board was constituted and the Post Mortem of the dead body was conducted and the Police collected the Post Mortem report Ex. P-7, and prepared the Ex. P-2 Inquest report.

9. After completion of the investigation the Police submitted a charge-sheet against the accused appellant for offence under Section 498-A and 302 I.PC. in the Court of Additional Chief Judicial Magistrate, Jodhpur, who committed the case of the Court of Sessions Judge, Jodhpur, according to law.

10. The learned Sessions Judge, Jodhpur framed the charges against the accused appellant for offence under Section 498-A and 302 I.PC.

11. The evidence on the basis of conviction was recorded by the learned trial Judge is that the deceased was burnt and was hospitalised where she died after four days. The police has recorded two dying declarations, one immediately on admission of the deceased to the hospital and another following completely the procedure established by law. After about 3 hours from the earlier statement both are duly proved. The other evidence is also corroborative of these statements.

12. PW-1, Shakil is witness to the spot Panchnama. He described the spot and proved the Panchanama. He has deposed that he saw match box, kerosene teen, burned cloths, hair, skin etc. lie on the floor and has stated that all th