IMPORTANT POINT
The fact that the deceased was suffering from great physical pain because of extensive burn injuries, on that score alone it can not be presumed that she was not in a fit state of mind to make the statement particularly when the doctor had certified both before and after the statement that she had a state of mind to make the statement.

ORDER

G.N. Ray, J.- This appeal is directed against the order of conviction under Section 302, I.P.C. and sentence of life imprisonment passed by the Nagpur Bench of the High Court of Judicature at Bombay in Criminal Appeal No. 65 of 1985 setting aside the ORDER of acquittal passed by the learned Additional Sessions Judge Akola in Sessions Trial No. 74 of 1984.

2. The prosecution case in short is that the deceased was married to the accused Goverdhan on 11th June, 1983. The deceased was the daughter of Laxman and the sister of complainant Suresh and Purshottam. The house of Laxman is situated at Ural K.D. and the house of the accused is situated at Ural B.K. Both the villages are adjacent and are separated by a river. After the marriage, Sunanda went to the house of the accused and she was treated well for about two to three months only. Thereafter, the accused started beating her on the ground that she could not cook properly and that she was illiterate and the accused could have married a working girl. A few days before Dusschra festival, the deceased Sunanda arrived at the house of Laxman and demanded a sum of Rs. 500/- telling that her husband was in need of money for the purpose of service. The amount was handed over by Laxman to Sunanda with a view that the accused would not beat her further and would treat her well. Three four days before Dussehra, Laxman sent Suresh for bringing Sunanda at his house and she was brought by Suresh. During the stay at the house of Laxman, Sunanda used to tell that the accused had been beating her. On the next day of Dussehra, the accused came to the house of Laxman for taking Sunanda. As the parents of Sunanda were not in the house, Suresh, the brother of Sunanda, asked the accused to wait till the arrival of the parents but the accused went away. After some days, accused along with his brother and one Sonaji came to the house of Laxman for settling the matter. But he had told that Sunanda would be beaten if she would not cook properly. Laxman on hearing such statement, did not send Sunanda with thcm. Four or five days thereafter, the accused again met Laxman and assured him that he would treat Sunanda well and requested him to send Sunanda to his house. Sunanda was thereafter sent to the house of the accused. Unfortunately the incident of beating by the husband still continued and at the time of next Tilsankrant beating of Sunanda by the accused had taken place in the field in presence of Sunandas brother, Purshottam. Purshottam informed Laxman that the accused had beaten Sunanda for the reason that she had refused to convey the message to her brother Suresh through Purshottam for bringing the amount for the accused. On March 10, 1984 in the evening Suresh had just come home from Hatrun, where lie was serving as a teacher and was relaxing. He was informed by one Baban that sister Sunanda was burnt. He went to her house in Ural K.D. and he found that Sunanda was kept near the door. On enquiries being made as to what had happened to Sunanda, Sunanda informed him that her husband had poured kerosene oil on her body, and then burnt her. Suresh thereafter went to the Police Station at Ural B.K. and lodged the written report. Laxman also coming to know of such burning came to the house of Sunanda after calling his family members. On the basis of the complaint lodged by Suresh, A.S.I. Tale registered the offence under Section 307, I.P.C. and went to the spot. The Sub- Inspector was accompanied by Suresh. On reaching the house of the accused, A.S.I. Tale recorded the dying declaration of Sunanda in presence of the Panchas Madhukar, Baliram and Ambadas Patil. Such dying declaration was recorded in a question and answer form. Sunanda had stated in her dying declaration that the accused ignited the tericot saree on her person with a match stick and laid another tericot saree and Manila shirt on her person and those clothes completely caught fire and she sustained bums. A.S.I. Tale then prepared the P