P. V. HARDAS, J.

( 1 ) THE appellant who is convicted for an offence punishable under section 302 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 500/- with a default stipulation to undergo further R. I. for fifteen days in the event of non-payment of fine, by the 1 st Ad hoc Additional Sessions Judge, Jalgaon, by judgment dated 21-10-2003, by this appeal questions the correctness of the conviction and sentence.

( 2 ) SUCH of the facts as are necessary for the decision of this appeal can briefly be stated thus:- p. W. 8 - P. S. I. Anil Sonawane, attached to the Zilla Peth Police Station, Jalgaon, received a telephonic message from the Civil hospital, Jalgaon on 17-01-2003, regarding admission of one Vimal in the hospital with burn injuries. On receipt of the information, p. W. 8 Sonawane immediately proceeded to the hospital and reached the hospital on 17- 01-2003 at about 1. 00 a. m. He contacted the medical Officer, Dr. Wankhede and informed the Medical Officer that he had come to record the statement of injured Vimal. Dr. Wankhede examined Vimal and opined that vimal was in a fit mental condition to give her statement. P. W. 8 -