( 1 ) THE appeal is directed against the judgement and Order dated 29-4-1989 of Vth Additional Sessions Judge, Ujjain, passed in Sessions Trial No. 94/87, whereby the accused appellant has been convicted under S. 302, IPC for having committed murder of his wife Sushilabai on 29-1-87 by setting her to fire in his residential place, Rishi Nagar, Ujjain and sentenced to imprisonment for life.

( 2 ) THIS is not in dispute that Sushilabai d/o Ramnathsingh was married to accused, 12 to 14 years prior to the incident. Both of them were residing together at Rishi Nagar, Ujjain. Five children were born out of the wed-lock. Three children were living along with them and the two children were living with their grand-parents. Sushilabai was admitted with serious burn injuries in Ujjain Hospital and, thereafter, she died on the intervening night of 3rd and 4th February 1987.

( 3 ) THE prosecution story, in brief, is that the accused and his wife Sushilabai (deceased) were having strained relation. Accused was in the habit of consuming liquor and beating his wife. On one occasion he had turned his wife out of his house. On the date of incident accused came late in the night, he