1. Appellant has filed this appeal under section 374 of the Code of Criminal Procedure against his conviction under section 306 and under section 498A of Indian Penal Code and sentenced to undergo 10 years' RI and three years' RI respectively and fine of Rs. 100/- under each section and in default of payment of fine, to further undergo one month's RI respectively, by judgment dated 5.5.2003 in Sessions Trial No. 180/2002 by Additional Sessions Judge, Ganj Basoda, district Vidisha.

2. The appellant is the husband of deceased Rambai. According to the prosecution case, the incident took place in the intervening night of 24th and 25th of June, 2002 at about 2 a.m. and at about 17.30 hours (5.30 p.m.) the appellant lodged a report at the Police Station, Ganj Basoda, that in the night he was sleeping in the room along with his children after taking meals, at 2 O'clock in the night he heard the voice of his wife, she was shouting. When he came outside, he found his wife ablze. He called his brothers Babulal and Mardan. They extinguished the fire by putting water on her body. She had died. He informed Chowkidar and thereafter informed the incident to the police. On the basis of merg