JUDGMENT :

(Rajendra Kumar Srivastava, J.)

1. The instant Criminal Appeal under Section 374(2) of Cr.P.C. has been filed by the appellant being aggrieved by the judgment dated 31.01.2011 in Session Trial No.154/2010 passed by I ASJ, Chhindwara District-Chhindwara whereby the appellant has been convicted under section 302 of the IPC and sentenced to Life Imprisonment with fine of Rs.500/- also with default stipulation.

2. According to prosecution case, Seema Verma (deceased) was a divorcee lady residing alone at Gulabra Chhindwara. She was in relationship with the appellant. On 05.05.2010, persons namely Rafique and Santosh Karosiya came to deceased inviting her for birthday party. On suspicion, being annoyed, the appellant started quarreling with the deceased and thereafter he doused the deceased with kerosene and set her on fire as a result of which she sustained burn injuries and succumbed on 13.05.2010 at District hospital Chhindwara during treatment.

3. On the basis of Marg Intimation Report i.e. Ex.P/25, First Information Report of Ex.P/15 & P/22 were lodged. The dying declaration of deceased i.e. Ex.P/4 had also been recorded by the Naib Tehsildar-Bhagchand Sanodiya (PW-6). T