[S.S. Shinde, J.]

1. Being aggrieved by the judgment and order dated 11th March, 2011 passed by the Sessions Judge, Beed in Sessions Case No.77/2010, the appellant / accused has preferred this criminal appeal.

2. It is the case of the prosecution that the present appellant / accused and his wife Suman (referred to as ‘the victim’ hereinafter) resided at Khilne Vasti Surudi, taluka Ashti, District Beed. On 16th February, 2010, the accused and the victim were at residence. At about 8 p.m. On that day, the accused poured kerosene on the person of the victim and set her on fire with the help of a burning lamp (chimani). It is the prosecution case that the accused quarreled with the victim to satisfy his need of money for drinking liquor since he was habitual to same. After the said incident, people from the locality including PW 1 Sakharabai arrived at the spot and the victim was taken to the hospital. Accused absconded from the spot after the incident.

3. On the basis of the statement given by the victim in the hospital, complaint (Exh.35) was recorded. Offence was registered vide Crime No.77/2010 under Section 498-A read with section 307 of I.P.C., at Ashti Police Station. Investigation was entrusted by Police Inspector Gaikwad to P.S.I. Malwade. After death of the victim, offence was altered to section 498-A read with section 302 of I.P.C. On 18.02.2010, the Investigating Officer conducted the spot panchanama at Exh.45 and also seized articles from the spot. On 22nd February, 2010, the Investigating Officer received information that the victim had succumbed to injuries. On 23.2.2010, the accused was arrested from his village. During the treatment of the victim in the hospital at Ahmednagar, apart from Exh.35 recorded by Constable Shinde, dying declaration at Exh.33 was recorded by the Special Judicial Magistrate Ghungarkar PW 7.

4. The Investigating Officer, on 6th March, 2010 requested the Tahsildar to draw a map of scene of offence. The said map is at Exh.53 obtained from the Tahsildar on 19th March, 2010.

5. The original post mortem notes of Dr. Gade and also the Muddemal seized at the spot were sent for chemical analyzer’s report. After receipt of the report of Chemical Analyzer, it was filed in the Court on 13th October, 2010. On 19th May, 2010, charge-sheet was filed and thereafter, charges were framed. The accused pleaded not guilty. Therefore, full-fledged trial was conducted and by the impugned judgment and order, the appellant came to be convicted for the offences as alleged against him. Hence, this appeal.

6. The learned Counsel (appointed) for the appellant – accused invited our attention to the notes of evidence and submits that the prosecution evidence suffers from serious infirmities, omissions and contradictions. It is submitted that medical history shows that the victim died due to accident. It is submitted that P.W.2 Vishnu brother of the victim admitted in his cross-examination that he told the victim how to give the statement to the police and, therefore, according to the learned Counsel for the appellant – accused, the complaint – first dying declaration recorded by the Constable Shinde and all other evidence is required to be disbelieved. It is further submitted that there was no any intention or motive as such to kill the victim. It is submitted that the appellant accused has been acquitted of the offence punishable u/s 498A of IPC. It is further submitted that the dying declaration recorded by the Special Judicial Magistrate suffers from serious infirmities. The Counsel also submitted that the said magistrate is in habit of recording stereo type dying declarations. He invited our attention to the judgment of this Court in case of Keshav Dada Sangle & Anr. vs State of Maharashtra (2011 ALL MR (Cri) 2223.)and submitted that in case where multiple dying declarations are there, it is required to be seen whether inter se there is material variance. The learned Counsel further submitted that the evidence of