P. V. HARDAS, J. :-

The appellant, who stands convicted for an offence punishable under section 498-A of I.P.C. and sentenced to simple imprisonment for two years and to pay fine of Rs.10,000/-, in default of which to undergo further S.I. for six months and imprisonment for life and to pay a fine of Rs.10,000/-, in default of which to undergo further R.I. for one year, by the Additional Sessions Judge, Udgir, by judgment dated 30.6.2011 in Sessions Case No.21 of 2010, by this appeal questions the correctness of his conviction and sentence.

2. Facts in brief as are necessary for the decision of this appeal may be stated thus :-

P.W.10 P.S.I. Bhagwan Dhabadge, who on 27.10.2009 was attached to Udgir city police station was entrusted with the investigation of Crime No.67 of 2009, which was registered on the basis of statement of deceased Priti at Exh.64. The offence had been registered by Head Constable Dhepe. On being entrusted with the investigation of the said crime, P. W.10 P.S.I. Dhabadge proceeded to the scene of the incident and in the presence of the panch witnesses drew the scene of the incident panchnama at Exh.45. From the scene of the incident he seized one plastic bottle containing kerosene, match box, two burnt match sticks, burnt pieces of clothes, half burnt petticoat, half burnt bani an and bed cover. An A.T.M. card and cash of Rs.7,800/- was also seized. The seized property was thereafter referred to the- Chemical Analyzer at Aurangabad. Inquest panchnama at Exh.41 was drawn. On 5.11.2009 accused Vishnu and, Gautam i.e. accused nos.4 & 5 were arrested. Thereafter accused nos.2 & 3 were arrested on 19.11.2009. Accused no. 1 who had sustained injuries was referred from the Civil Hospital, Udgirto the Military Hospital at Pune and was arrested on 25.12.2009. Statements of witnesses were recorded and on completion of the investigation, a charge-sheet against the accused was submitted.

3. P. W. 6 . Police Constable Suryawanshi, who on 27.9.2009 was attached to the Police Chowky of Civil Hospital at Udgir, received an M.L.C. from the Civil Hospital, Udgir at Exh.63 regarding admission of injured Priti with 100% burns. P.W.6 Police Constable Suryawanshi, therefore, proceeded to the ward and ascertained from the Medical Officer if Priti was in a fit condition to give her statement. The Medical Officer opined that Priti was in a fit condition to give her statement and, therefore, her statement was recorded at Exh.64. A requisition was issued to the Tahsildar for recording the dying declaration of Priti. P. W.5 Shaikh Mahemood Abrar Hussain, a Naib Tahsildar at Udgir, was informed on telephone for recording the dying declaration of Priti who was admitted in the Civil Hospital. He received the memo at Exh.52 for recording the dying declaration. He accordingly proceeded to the Civil Hospital, Udgir and ascertained from the Medical Officer if Priti was in a fit condition to give her statement. Accordingly statement of Priti was recorded at Exh.53.

4. Post mortem on the dead body of deceased Priti was conducted by P. W.9 Dr. Vijay Dhavle. P. W.9 Vijay Dhavle noticed that deceased Priti had sustained 91 % burns and her skin was peeled at places. He, therefore, opined that cause of death was hypo volemic shock due to 91 % superficial to deep burns. The post mortem report is at Exh.78.

5. On committal of the case to Court of Sessions, Trial Court vide Exh.33 framed charge against the appellant and other accused for offence punishable under sections 498-A and 302 read with sec. 34 of the Indian Penal Code. The accused denied their guilt and claimed to be tried. Prosecution in support of its case examined ten witnesses. The Trial Court, upon appreciation of the evidence, convicted and sentenced the appellant as afore stated while acquitting the other accused.

6. In order to effectively deal with the submissions advanced before us by Shri Satej Jadhav, learned Counsel for the appellant and the learned A.P.P., it would be useful to