Penal Code, 1860–Secs. 302 & 498-A–Conviction–Proper Section–Evidence available on record revealing that the appellant poured kerosene on the deceased and set fire–However, dying declaration of deceased, testimony of her daughter and medical evidence revealing that the appellant tried to extinguish the deceased from fire and sustained 20% burn injuries on his arms and face–It appears that he lost the temper due to some quarrel and committed the incident–His case would fall in ambit of Sec. 304 Pt. II as he had no intention to commit the murder–Further held, he is entitled to be acquitted from the charge u/s. 498-A.
