1. The Appellant has challenged the judgment and order dated 21.1.2017 passed by the Additional Sessions Judge, Niphad, District - Nashik in Sessions Case No.26/2015. The Appellant was convicted for commission of the offence punishable under S.302 of IPC. He was sentenced to suffer life imprisonment and to pay a fine of Rs.5,000/- and in default to suffer SI for six months. The Appellant was granted set off under S.428 of CrPC from that date.

2. Heard Ms.Devyani Kulkarni, learned counsel for the Appellant and Mr. Vinit Kulkarni, learned APP for the Respondent State.

3. The prosecution case is that the Appellant was married to his wife Anita. They were residing together with their ten month old daughter. In the night between 19th and 20th November, 2014, the Appellant came to the house. He was intoxicated. He began quarreling with his wife Anita. He poured kerosene on her and threw a kerosene lamp on her thereby setting her on fire. He then went away from the spot. She raised shouts. The neighbours gathered there. They poured water on her. One of the neighbours was examined during the trial. In the morning, her uncle came to her village. He took her to a hospital at Niphad Municipa