1. By this appeal the appellant has challenged the judgment and order delivered on 10th April, 2008 in Sessions Trial No.1/2007, by learned Ad Hoc Additional Sessions Judge, (Court No.2), Achalpur. By the impugned judgment and order, the appellant (accused) was found guilty and convicted for the offence punishable under Sec.307 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for five years and to pay fine in the sum of Rs.2,000/- in default to suffer further rigorous imprisonment for one year.

2. It appears a case of the prosecution that P.W.-1 Bharti Chandu Chavhan (wife of the present appellant/convict) were married since 1997 and they were residing at Banosa, Daryapur in District Amravati. Bharti and her husband Chandu had two sons from the wedlock one is Akash aged about 7 years (not examined) and second is Vishal aged about 5 years (examined as P.W.-5). The appellant (convict) was coolie by occupation.

3. Complaint was recorded by P.W.-6 M.J. Gadamode, P.S.I. from Daryapur Police Station regarding the incident, which occurred on 16/06/2006 at 11.00 am. According to Bharti she had asked her husband to bring tablets from medical shop, because she was suffering from piles. He had replied that he had no money and will not bring tablets for her and abused Bharti and also gave two slaps on her cheek, breaking necklace of black beads, which was worn by Bharti at that time. Later according to Bharti, in the anger her husband said that “now I will kill you” and thereafter he went inside the kitchen, brought can containing kerosene and poured kerosene on her person. Bharti got frightened when she was going outside by opening the front door of the house, her husband ignited a match stick, threw it on her person and set on her fire. Bharti raised shouts ‘save, save’, upon hearing shouts close relative (Her husband’s brother’s wife) Sou.Rani Chavan poured water on her person and extinguished fire. Further according to Bharti, her husband by means of hand-cart brought her to Godavari Hospital of Dr.Bhattad (P.W.-7), who admitted Bharti in the hospital, but husband of Bharti went away. According to Bharti, she had sustained burn injuries on her breast, back and back side portion. Thus, FIR (Exh.24) was recorded, which was in the nature of dying declaration. The investigation had followed thereafter as also Investigating Officer, who recorded FIR (Exh.24) proceeded to the spot, drew spot panchnama in presence of panchas, seized the kerosene can, beads of mangalsutra, match box, etc. from the spot under panchnama (Exh.16). He has also seized burnt clothes of the injured under panchnama (Exh.17). Services of Tahsildar were also requisitioned to record statement of Bharti while she was undergoing medical treatment in the hospital of Dr.Bhattad. On the following day, the accused was traced and arrested under panchnama (Exh.27), his clothes were also seized under panchnama (Exh.18), certificate from the doctor was collected in the course of investigation. The seized articles were referred to Chemical Analyzer, Nagpur with requisition letter (Exh.28). Thus, after completion of investigation, the accused was chargesheeted.

4. The accused was charged under Sec.307 of Indian Penal Code as also under Sec.498-A of Indian Penal Code vide Exh.9. The accused pleaded not guilty to the charges and claimed to be tried. Accordingly his plea was recorded at Exh.10.

5. The prosecution in order to prove offence against the accused, examined seven witnesses and closed its evidence.

6. Statement of the accused was recorded under Sec.313 of Cr.P.C. He did not dispute that he was married with P.W.-1 since 1997 and used to reside at Banosa with two sons Akash and Vishal born out of their wedlock. He also did not dispute that on the date of the incident, Bharti had received burn injuries on her neck, back and other parts of the body and he had taken her to hospital of Dr.Bhattad and Dr.Bhattad treated her as also the fact that