Balakrishnan, J. -- 1. Appellant Shambhu and his wife Sadhnabai were tried by the Court of Additional Sessions Judge, Indore in Madhya Pradesh, for the offence punishable under section 302 read with section 34, IPC. Against the present appellant, there was also a charge under section 376, IPC. The Sessions Judge found them 'not guilty' and acquitted them of the charges framed against them. Aggrieved by the judgment of the Sessions Court, the State of Madhya Pradesh preferred an appeal before the High Court of Madhya Pradesh and the Division Bench of the Madhya Pradesh High Court found the present appellant guilty of offence punishable under section 302, IPC, for having caused the death on one Sunderbai and he was sentenced to imprisonment for life. The finding of the High Court is challenged before us.

2. The prosecution case is that on 28.6.1986, deceased Sunderbai went to the house of appellant Shambhu requesting him to repay the sum of Rs. 1,000/- entrusted by her with the appellant. The further case of the prosecution is that the appellant committed rape on Sunderbai and thereafter, the appellant's wife, Sadhnabai poured kerosene on the body of Sunderbai and, the appel