A.S. OKA, J.

1. The Appellants who are the Accused Nos.1 and 2 have taken an exception to the Judgment and order dated 16th July, 2004 by which they have been convicted for the offence punishable under Section 302 read with Section 34 of Indian Penal Code. The Appellants have been sentenced to undergo life imprisonment and to pay fine of Rs.5,000/each. The allegation against the Appellants is of committing murder of one Ranjana Raghunath Kute who died on 21 st January, 1991.

2. The original Accused No.4 Raghunath Vishwanath Kute is the husband of the deceased Ranjana. The Accused No.3 is the brother of the Accused No.4. The Accused No.2 is a sister of the Accused No.4 and the Accused No.1 is the wife of the Accused No.3. The case of the prosecution in short is that the marriage between the deceased Ranjana and the Accused No.4 was solemnized about eight months prior to the date of incident i.e. 18th January, 1991. The case made out by the prosecution is that after the marriage, the deceased was subjected to cruelty both mentally and physically by the Accused. The allegation is that the deceased was subjected to cruelty from Diwali festival of 1990 till 18th January, 1991. The case of the prosecution is that the present Appellants (Accused Nos.1 and 2) on 18th January, 1991 at about 8.00 a.m. in the matrimonial home of the deceased poured Kerosene on the person of the deceased and set her on fire. The deceased succumbed to the burn injuries on 21 st January 1991. Therefore, the Appellants (Accused Nos.1 and 2) and two others were charged with commission of the offence punishable under Section 302 of the Indian Penal Code read with Section 34 thereof. The Appellants have been convicted for the said offence. However, the other two accused have been acquitted. Apart from this charge, all the Accused were charged with commission of an offence punishable under Section 498A read with Section 34 of the Indian Penal Code. All the Accused have been acquitted of the offence punishable under Section 498A read with Section 34 of the Indian Penal Code.

3. The case of the prosecution is based on the oral as well as the written dying declarations of the deceased. With a view to appreciate the submissions made by the learned counsel appearing for the Appellants as well as the learned A.P.P for the State it will be necessary to make a reference to the evidence of the prosecution witnesses. The first prosecution witness is P.W.No.1 Parvati Shriram Bhabad. She stated that she was residing near the house of the Accused No.4. She stated that she knew the Accused No.4 and they were on visiting terms. The witness is the real sister of deceased Ranjana. She stated that as she knew the Accused No.4, she has suggested the proposal of the Accused No.4 to her uncle for the deceased Ranjana. She stated that the marriage was solemnized on 20th May, 1990 and after solemnization of the marriage, the deceased started residing in the premises of the Accused No.4 at Laldongar at Chembur along with the Accused Nos. 1 to 3. This witness identified the Accused persons in the Court. She stated that after Diwali of 1990, the Accused started harassing the deceased Ranjana and they started preventing deceased from visiting her house. She stated that the deceased had been to her house on Makar Sankrati day but she went back on the same day. She stated that her another sister Vijaya visited the matrimonial home of the deceased on the next day after Makar Sankrant. She disclosed that there was a quarrel between the deceased and the Accused persons and the deceased was abused by the Accused persons. The witness stated that on 18th January, 1991 at about 8.00 a.m., the Accused No.3 came to her residence and enquired about her husband. She informed the Accused No.3 that her husband had proceeded to attend his duty. Thereafter, the Accused No.3 went away. After some time, one old lady who was known to the witness came to her house and instructed to her proceeded