was married to the appellant. From her marriage with the appellant, one son was born, who was about two years of age at the time of the incident. The appellant and his brother Mittar Sen were having joint business of repairing tyres and tubes. According to the prosecution, the appellant had illicit relations with Anjali, wife of his brother and for that reason, the appellant had turned out the deceased 2/3 times but the matter came to be patched up at the intervention of the Panchayat. Even, thereafter, the appellant used to insist upon the deceased to leave his house and go to her parents. In her statement Ex. PL which was recorded by PW16 Ms. Kumud Gugnani, Duty Magistrate, the deceased had stated that her husband was under the influence of her Jethani, who had been instigating him against her. Besides giving beatings, the appellant had been asking her to go to her mother's house. Her father suffered heart attack but had survived. However, on the fateful day, her mother-in-law stated that it would be better if her father died. When her husband returned, she apprised him about all the facts and started weeping. He slapped her on which she became angry. She stated that she did not want to live with him. When the appellant asked as to where she would go, she replied that she would prefer to die. On this, the appellant stated that he would himself kill her and, accordingly, after pouring kerosene on her set her
