The significance of dying declarations, the burden of proof on the accused, and the responsibility of the husband to explain the circumstances resulting in the death of the deceased.

NareshH Patil, J. -

1) Appellant No.1-Sk. Juned Sk. Moti Mansuri, husband of the deceased Heena Begum was convicted for an offence punishable under sections 302 and 498A read with 34 of the Indian Penal Code. He was sentenced to suffer imprisonment for life and to pay a fine of Rs.5,000/- in default, to suffer simple imprisonment for one year for the first offence and further sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs.5,000/- in default, to suffer simple imprisonment for nine months for the second offence. Both the substantive sentences were directed to run concurrently. The appellant No.2-Julekha Begum w/o Sk. Moti Mansuri was convicted for an offence punishable under section 498-A rad with 34 of the IPC and sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs.5,000/- in default, to suffer simple imprisonment for nine months. Both the appellants have questioned in this appeal the judgment and order dated 12-5-2011 passed by the Additional Sessions Judges-2, Aurangabad in Sessions Case No.394 of 2009.

2) In brief, the prosecution case is that deceased Heena Begum and PW-3 Raziabegum were married to two real brothers i.e. appellant No.1 and his brother Shaikh Nawab Mansuri. Both were residing in the same house at village Gajgaon, Taluka Gangapur, District Aurangabad. The appellant No.1 had a doubt on the character of the deceased. He used to abuse her on the ground that the deceased did not conceive child out of their relationships. The deceased was three months’ pregnant at the time of the incident. Appellant No.1-Juned also ill-treated the deceased saying that her father forced him to marry her. He was in the habit of coming late at night hours to his house. Appellant No.2 Julekha Begum was also harassing the deceased saying that she was not good looking and was of black complexion. The deceased was threatened by appellant No.2 that they would perform second marriage of appellant No.1. Four months prior to the incident grandmother of PW-3 Raziabegum died at Kannad. The father of the deceased had come to take both the daughters. At that time the appellants told father of the deceased that they shall not bring the daughters back to the matrimonial home. The deceased and her sister, PW-3 Raziabegum resided at the parental house for one and half months. Thereafter the appellants, Nasiruddin, Nawaz came to meet father of the deceased and, it seems that, after some deliberations both the sisters were taken back and brought to their matrimonial home though with reluctance of the sisters. One of the neighbours, namely Thorat Mama, also convinced the sisters and cautioned the appellants that they should not ill-treat them.

3) The incident in question occurred on 11-6-2009 at about 1.00 a.m. in the midnight hours in the house of the accused situated at Rajiv Gandhi Nagar, Khultabad. On 11-6-2009 appellant No.1 was sleeping outside the house and the deceased was sleeping in the house in her room. At about 1.00 a.m. during night time deceased asked appellant No.1 to come inside house and sleep there. Thereafter appellant No.1 started giving abuses and raised issue of character of the deceased. He started beating the deceased and thereafter poured kerosene on the person of the deceased and set her on fire. Thereafter, appellant No.1 fled away by latching the door of the Wada from outside. On hearing shouts of the deceased, PW-3 Raziabegum, sister of the deceased, rushed to the spot and saw the deceased in burning condition. She had seen appellant No.1 running away from the house. PW-3 Raziabegum and her husband Nawaj tried to extinguish the fire. Neighbours also reached there. The deceased was taken to Ghati hospital. The parents of the deceased reached Ghati hospital at about 5.00 a.m.

4) The prosecution evidence shows that the deceased made oral statement in respect of circumstances resulting in her death before her sister and parents. At about 10.00 a.m. on 11-6-2009 P