JUDGMENT

Shukla, J -- 1. This appeal has been filed under section 374 CrPC against the judgment of conviction and sentence dated 28.2.2008 pronounced in S.T. No.205/06 by the ASJ, Shujalpur, District Shajapur, whereby the applicant has been sentenced to Life Imprisonment and fine of Rs.200/- for committing offence under section 302 of IPC. In lieu of payment of fine, the appellant has been directed to undergo one month’s additional imprisonment.

2. It is admitted that deceased Sangeeta Bai was the wife of the appellant (marriage contracted through Natra) and that she had succumbed to her burn injuries.

3. The prosecution story, in short, was that on 22.8.2006 at about 12 to 12.30 pm deceased Sangeeta Bai resident of Village Panch Dehriya, District Shajapur was at her house and an altercation ensued between deceased and appellant, since the appellant had refused to give her 10 Rupees for purchasing clip and rubber. Appellant had also assaulted deceased and then as per prosecution story, he poured kerosene oil over Sangeeta Bai and set her ablaze. Sangeeta Bai was brought in burnt condition at Civil Hospital, Shujalpur. Her dying declaration was recorded by Naib Tehsildar. She was sub