( 1 ) BY this Appeal, the appellant prays for setting aside the judgment dated 29-1 -1998 passed by the learned Addl. Sessions Judge, Garoth passed in S. T. No. 258/96 thereby he finding the appellant guilty of the offence punishable under Section 302, IPC, convicted and sentenced him to suffer Imprisonment for life and to pay a fine of Rs. l. 000/ -. In default of payment of fine, he has been directed to suffer addl. R. I. for one year.

( 2 ) BRIEFLY stated, the facts of the prosecution case as unfolded before the trial court were that on 9-6-1994 at 12. 40 in the noon in village Chandwas the appellant brought his wife in a Jeep in burnt condition to the Primary Health Center Shamgarh. There at the Primary Health Center, Dr. Smt. Asharani Jain (P. W. 10) finding the wife of the appellant namely Santoshbai in burnt condition, made a report at the Police Station which was recorded by the ASI P. S. Shamgarh Shri A. P. Saxena (P. W. 6) in roznamcha Sanha (Ex. P/8-A ). He proceeded for hospital for getting Santoshbai medically examined. Finding Santoshbai in 90% burnt condition, made requisition to dr. Smt. Jain (P. W. 10) for getting her Dying declaration recorded. Dr. Jain