1. This Criminal Appeal under S.374 of Cr.P.C. has been filed against the judgment and sentence dated 29-10-2010 passed by Sessions Judge, Gwalior in S.T. No. 35 of 2010 by which appellant has been convicted under S.302 of I.P.C. and a fine of Rs. 500/- with default imprisonment of 1 month R.I.

2. The undisputed fact is that the deceased is wife of the appellant having married to him about 13-14 years back.

3. According to the prosecution case, on 26-2-2009, the deceased Saroj was admitted in J.A. Hospital at 11: 55 p. m. in burnt condition. After receiving an information from the hospital, Omprakash Yadav (P.W.9) went to hospital and gave a requisition to the doctor to record dying declaration. It was opined by the doctor that Saroj has suffered 90% burns and is not in a position to speak. During the treatment, Saroj expired and merg information was given to police station and accordingly, merg enquiry No. 12/2009 under S.174 of Cr.P.C. was registered. Safina form, Ex.P.1 was issued and Lash Panchnama Ex.P.2 was prepared. The dead body was sent for post - mortem. The statements of the witnesses were recorded. During enquiry, it was found that the deceased was preparing food on heate