Judgment :-

Dr. B.S. CHAUHAN, J.

1. This appeal has been preferred against the judgment and order dated 9.7.2008, passed by High Court of Madhya Pradesh, at Jabalpur, in Criminal Appeal No.2304/2000 by which the High Court has dismissed the said appeal, affirming the judgment and order of the Sessions Judge, Sagar, dated 31.8.2000 in Sessions Trial No.180/2000 and convicted the appellant under Section 302 of the Indian Penal Code, 1860 (hereinafter called "IPC") and sentenced him to life imprisonment.

2. Facts and circumstances giving rise to this case are that the appellant got married to Smt. Savita (hereinafter referred to as "deceased") on 22.6.1999. She was brought to the hospital by her in-laws on 27.2.2000 at about 7 p.m. in a burnt condition. Dr. Subhash Jain informed the Police Station, Gopalganj, about the arrival of the deceased, Smt. Savita, and a police party arrived at the hospital. The dying declaration was recorded by the Executive Magistrate, Smt. Madhu Nahar (DW.1), vide Exh.D/2, wherein, the deceased stated that when she was cooking, kerosene oil had been put behind her back, and when she moved herself back, her Saree caught fire. On 29.2.2000, ASI, Damodar Prasad