P.R. BORKAR, JJ.

Appellant -Shivaji s/o. Dattatraya Date preferred this appeal being aggrieved by the order of conviction and sentence passed by the learned I Adhoc Additional Sessions Judge, Ahmednagar in Sessions Case No. 84 of 2005 decided on 09.12.2005 whereby he was convicted of offence punishable under Section 302 of Indian Penal Code (for short "IPC") for committing murder of his wife Meenakshi and sentenced to suffer imprisonment for life and to pay a fine of Rs.500/- in default to undergo rigorous imprisonment for one month.

2. It is case of the prosecution that the appellant and deceased Meenakshi married 17-18 years ago. They were blessed with two children son-Atul (P.W.3), daughter-Jyoti. Jyoti was residing with her maternal uncle P.W.4-Prakash Raghunath Waval for her education. P.W.3-Atul was residing with his parents. The appellant is a labourer. Deceased Meenakshi was a beedi worker. Appellant-Shivaji used to come home in intoxicated condition. He was addicted to liquor. He used to beat his wife in intoxicated condition. He was also suspecting her character. The appellant, deceased Meenakshi and P.W.3-Atul were residing in one of the rooms owned by P.W.2-Sunil Narayan Deshmukh, who owned Deshmukh-Wada in Patil Galli of Bhingar area of Ahmednagar city. The rented premises in which the appellant, deceased Meenakshi and their son Atul were residing was consisted of one room.

3. On 16.01.2005 at about 10.30 p.m. the appellant came in drunken condition. He had brought mutton. He abused deceased Meenakshi and also said that she had illicit relations with others. At the same time he was saying that she should take meals with him. Deceased Meenakshi told him that it was her fasting day and she would not take meals. After meals P.W.3-Atul went to his friend’s house for sleeping. Thereafter, the appellant started abusing deceased Meenakshi. The appellant also said that she was not behaving properly and she would be killed by him by setting her on fire. He poured kerosene on her person and set her on fire. Deceased Meenakshi raised shouts. At that time P.W.2-Sunil Deshmukh and other neighbours came. They poured water and extinguished the fire.

4. Thereafter, P.W.2-Sunil Deshmukh went and brought brother of Meenakshi, by name, P.W.4-Prakash Waval. Deceased Meenakshi was taken to the Civil Hospital, Ahmednagar and she was admitted. Doctor gave intimation about admitting deceased Meenakshi with burn injuries in the Hospital to Bhingar Police Station. P.W.8-Police Head Constable Meghraj Shivrai Dhanlagade was on night duty. He received the message. He went to Civil Hospital. P.W.5-Dr. Ashok Ghule told him that the patient was not in a position to give statement and therefore P.W.8-Head Constable Dhanlagade went back to the Police Station. On 17.01.2005 at about 11.00 a.m. he again went to Civil Hospital. He saw condition of the patient and approached P.W.6-Dr. Santosh Khandekar, who was on duty. P.W.6-Dr. Khandekar examined the patient and told P.W.8-Head Constable Dhanlagade that deceased Meenakshi was in a position to give statement. Accordingly, P.W.8-Head Constable Dhanlagade recorded dying declaration, which is at Exh.45. The Doctor made endorsement on the dying declaration. Thereafter, at about 12=30 noon, P.W.7-Special Judicial Magistrate Jayant Joshi also came to the hospital and contacted P.W.6-Dr. Khandekar and also recorded statement of deceased Meenakshi, which is proved at Exh.39. Thus, two dyeing declarations were recorded. It is also prosecution case that there was extra-judicial dying declaration before P.W.3-Atul, who is the son of deceased and accused-appellant, and P.W.4-Prakash, the brother of deceased Meenakshi. P.W.8-Head Constable Dhanlagade after recording dying declarations of deceased went to the spot of incident and drew panchanama. Thereafter, dying declaration before him was treated as FIR and crime was registered. The investigation was taken over by P.W.9-P.S.I. Pathan, who recorded statemen