JUDGMENT

Somarajan, J.

Against the judgment of conviction and order of sentence for the offence punishable under Section 302 IPC in S.C.No.140 of 2005, dated 6.11.2012, of the Court of the Additional Sessions Judge (Ad hoc-II), Kasaragod, the accused came up with this appeal.

2. The deceased is none else the wife of accused. The alleged incident had happened on 18.2.2003 at 10 a.m. at the dwelling house of accused and the victim. At the time of alleged incident none else was there in the house except the accused and his wife, the victim. The incident had happened while she was at the kitchen. The allegation is that it is the accused who lit her, causing 90% burn injuries. The accused also sustained some burn injuries and he was arrested on the date of discharge from the hospital.

3. The learned Sessions Judge relied on the oral evidence tendered through PW21 and Ext.P9 dying declaration. PW21 is the Judicial Magistrate who recorded the dying declaration of the victim by 5 p.m. on the same day, i.e. on 18.2.2003. Before that, she had given the first information statement by 3 p.m. on the same day and caused to register FIR. She succumbed to the injuries on 16.3.2003.

4. The main challe