Judgment

S.B. Sinha, J.—The Appellant was convicted on a charge of commission of an offence under Section 302 of the Indian Penal Code

and sentenced to undergo rigorous imprisonment for life as also a fine of Rs. 5000/- by a judgment and order dated 10.01.2001 passed by Additional Sessions Court Kanyakumari District at Nagercoil in S.C. No. 183 of 1999.

2. The deceased was the wife of the Appellant. They were not in good terms. The deceased nurtured grudge against him on the belief that the Appellant was having affairs with another woman (PW-12) who is wife of his elder brother (PW-11). On 4.10.1998 at about 10.45 a.m., some children had been witnessing television in the house of the Appellant. They came out therefrom stating that the deceased had asked them to go out of the house and bolted the door from inside. Upon hearing the same, PWs 1, 2 and the Appellant herein went back and broke open the door. Allegedly, the Appellant had poured kerosene on her and set fire to the deceased.

3. It is not in dispute that the door of the room was broken open. The said witnesses as also PWs 3 to 6 saw the deceased in flames. The fire was extinguished and she was taken to the government hospital.