N. H. PATIL, J.

( 1 ) FEELING aggrieved by the judgment and order dated 31-12-2003 passed by the 1st Ad-hoc Additional Sessions Judge, aurangabad in Sessions Case No. 194/2003 convicting the appellant for an offence punishable under section 302 of the Indian Penal Code and sentencing her to suffer rigorous imprisonment for life and to pay a fine of Rs. 100/-, in default, to suffer simple imprisonment for one week, the appellant has preferred this appeal.

( 2 ) BRIEFLY stated, the prosecution case is that deceased Nita was married to the son of the appellant namely Sandeep Margude on 24th April 2003. In the marriage, domestic articles were offered to the appellant. After marriage Nita started staying with her husband and mother-in-law, present appellant Kaushalyabai, at Gajanan Nagar area of Aurangabad city. On 26th April 2003 Nita had visited her parental home which is situated at satara Parisar, Beed By-Pass Road, Aurangabad. On 27th April 2003 brother of the husband of Nita, Santosh came to take Nita to her matrimonial home. Accordingly, Nita came back to her matrimonial home and started staying with her husband and mother-in-law. It is alleged that on 6th may 2003 Nita visited her mother and disclosed her that the appellant was asking for an amount of Rs. 20,000/ -. PW 1 Radhabai, the mother of the deceased told deceased that she had already paid Rs. 11000/- for purchasing clothes in the marriage to the appellant and she does not have money to pay the appellant. Nita went back again on 9th May 2003 along with her brother Sandeep to her matrimonial home.

( 3 ) IT is alleged that on 18th May 2003 Nita was set on fire by pouring kerosene on her person by the appellant. According to PW 2 Jagannath parkhe, who happens to be the maternal uncle of deceased Nita, the appellant visited his house at about 10. 30 a. m. and informed him that nita had sustained burns in her house. PW 2 proceeded to the house of nita where it was informed to him that Nita was taken to Ghati Hospital aurangabad. PW 2 went to Ghati hospital and met Nita, who was already admitted in the hospital. It is alleged that Nita disclosed to PW 2 that her mother-in-law pushed her inside the bathroom, poured kerosene on her person from a can and set her oh fire with a match stick and closed the door of the bathroom. The mother-in-law, according to him, left the place thereafter.

( 4 ) IT is alleged that PW 7 Dattu Bhoye, the investigating officer, recorded a dying declaration of the deceased (Exh. 28) at about 12. 30 p. m. and soon thereafter PW 6 Damu Kamble, the Special Executive Magistrate, recorded dying declaration of the deceased which is at Exh. 24. The investigating officer drew inquest panchanama and spot panchanama, recorded statements of witnesses, sent the seized articles to the Chemical analyser. PW 3 -Dr. Raju Surawase conducted the post mortem of the deceased. Post mortem report is at Exh. 13. The cause of death according to the medical officer is "shock due to burns". The deceased suffered 100% burn injuries. The CA report is also placed on record which is at Exh-33. The chemical Analyser found kerosene residues on the seized clothes i. e. sari, petticoat, blouse.

( 5 ) THE investigating officer filed charge sheet against the appellant. The appellant pleaded not guilty to the charge framed against her by the trial Court for offence punishable under sections 302 and 498-A of the indian Penal Code.

( 6 ) THE trial Court acquitted the appellant for an offence punishable under section 498-A of the Indian Penal Code.

( 7 ) THE prosecution examined 7 witnesses. PW1 Radhabai is the mother of deceased; PW 2 is Jagannath Parkhe, the maternal uncle of the deceased. Rest of the witnesses are PW 3 Dr. Raju Surawase who conducted post mortem, PW 4 ASI Rashid Khan who informed the police of the admission of the deceased in the hospital, PW 5 is Sk. Chiragoddin ASI who received the information sent by PW 4. PW 6 Damu Kamble is the Special Executive magistrat