Shrivastava, J. -- 1. Feeling aggrieved by the judgment of conviction and order of sentence dated 30.11.2005 passed by learned First Additional Sessions Judge, Betul in Sessions Trial No.121/2002 convicting appellant for the offence punishable under section 302 of IPC and thereby sentencing him to suffer life imprisonment, this appeal has been preferred by the appellant under section 374(2) of the Code of Criminal Procedure, 1973.

2. In brief, the case of the prosecution is that on 15.3.2002 at about 10:00 p.m. Baby Bai (hereinafter shall be referred to as ‘deceased’), who is the wife of appellant, was lying the bed for her husband (appellant). At that juncture, some altercation took place between the appellant and deceased and thereafter the appellant gave a kick upon her abdomen, as a result of which, she fell down and thereafter the appellant after pouring the kerosene from the Kuppi, threw a burning match-stick upon her, as a result of which she sustained burn injuries. But, she died after 3 months of the incident. The deceased who was alive at that time was sent to hospital where her dying declaration was recorded by Dr. M.A. Ansari (PW14). After the death of deceased,