Arijit Pasayat, J. - (1.) Leave granted.
(2.) Challenge in this appeal is to the judgment of a Division Bench of the Madras High Court upholding the conviction of the appellant for offences punishable under Section 302 of the Indian Penal Code, 1860 (in short IPC) while setting aside the conviction in terms of Section 307, IPC. Appellant faced trial in the Court of Sessions, Vellore and was convicted in terms of Sections 302 and 307, IPC. He was acquitted of the charges relating to Section 498A, IPC. 2A. Prosecution version in a nutshell is as follows : On 10.11.2003, the accused poured kerosene on his wife Menaka; set fire to her as a result of which she died on 30.11.2003 and in the course of the same transaction he attempted to murder his child aged about 9 months by pouring kerosene on her and setting fire to her also. But luckily she survived. Therefore, the trial went on against the accused not only under Sections 302 and 307, IPC but also under Section 498-A, IPC. The prosecution examined PWs 1 to 8 besides marking Exs. P1 to P15 and MOs. 1 and 2.
(3.) On completion of investigation charge-sheet was filed and since accused pleaded innocence, trial was held.;