JUDGMENT - BARDE V.K., J.:---In Sessions Case No. 56/93, Additional Sessions Judge, Ambajogai, has convicted the accused for offence punishable under section 302 of Indian Penal Code and sentenced him to suffer imprisonment for life and to pay a fine of Rs. 1,000/- in default, further rigorous imprisonment for 6 months. Being aggrieved by this conviction and sentence, appeal is filed through jail by the appellant, and Shri P.M. Shah is appointed as Counsel for the appellant.

2. Heard Shri P.M. Shah, Counsel appointed for the appellant, and Shri K.M. Babhulgaonkar, Additional Public Prosecutor, for the respondent State.

3. The facts giving rise to this prosecution case are as follows :

(a) Savita, wife of accused Manohar, got married with him in the year 1989. She had a son of two and half years age at the time of incident. Both of them were residing in hut at Phulenagar at Kaij (District : Beed). On 3-6-1993, at about 9 p.m., Savita received burn injuries. Her husband Manohar and the neighbours put off the fire. The prosecution has alleged that, at that time, Savita was saying to Manohar, that he had set her on fire and she had asked him, at least, to give water. Manohar, after putting off the fire, took her to hospital at Kaij. There the Doctor started to give treatment to her. She had received 100% burn injuries. The Doctor reported the matter at Police Station, Kaij.

(b) Then, Head Constable, Sambhaji Gajakosh (P.W. 9) went to the hospital, recorded statement of Savita. She informed that her husband set her on fire. As condition of Savita was very serious, the Head Constable called Executive Magistrate to record dying declaration. The Tahsildar, Kaij, went to the Hospital, ascertained from the Doctor, whether Savita was in a position to make the statement and recorded her dying declaration. As condition of Savita was critical, she was then referred to Medical College hospital at Ambajogai. When she was receiving treatment in the hospital at Ambajogai, she expired.

(c) Meanwhile, on the basis of statement of Savita, recorded by Head Constable, Sambhaji Gajakosh (P.W. 9), Crime No. 101/93 was registered for offence punishable under section 307 of Indian Penal Code. Later on, when the information had received that Savita had died, Section 302 of Indian Penal Code was added. A.P.I. Shri Bhale (P.W. 11), took up the investigation. He prepared the panchanama of the place of the offence. He recorded statements of witnesses.

(d) Accused was arrested on 4th June, 1993. The clothes from the person of the accused were seized by the Police. At Ambajogai, inquest panchanama of the dead body of Savita was prepared and then the post-mortem examination was carried out in the hospital at Ambajogai. The Investigating Officer sent the articles recovered from the house of the accused as well as clothes of the accused to Chemical Analyser, Aurangabad, for examination and report and after completing the investigation, submitted charge-sheet in the Court of Judicial Magistrate (F.C.), Kaij. The learned Judicial Magistrate (F.C.) Kaij, committed the case to the Court of Additional Sessions Judge, Ambajogai.

4. The learned Additional Sessions Judge framed charge against the accused, for offence punishable under section 302 of Indian Penal Code, recorded evidence of the prosecution witnesses, statement of the accused under section 313 of Criminal Procedure Code and after hearing the arguments of both sides, came to the conclusion that the prosecution has proved the case against the accused and sentenced him, as above.

5. The prosecution evidence can be divided in three parts. First is with respect to the relations between husband and wife and evidence to that effect is brought on record through Goroba (P.W .5), father of Savita. The second part of the case is the statements of Savita recorded by Head Constable, Sambhaji Gajakosh (P.W. 9), and the Tahsildar, Kaij. The third part of the prosecution evidence is the evidence of neighbours who state that Savita

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