SADHANA S. JADHAV, J.

1. The appellant herein is convicted for the offence punishable under Section 302 of the Indian Penal Code and is sentenced to suffer imprisonment for life and to pay fine of Rs. 500/- in default to suffer R.I. For one month by the Additional Sessions Judge, Solapur by a Judgment and order dated 3.5.2006. Being aggrieved by the said Judgment and order of conviction, the appellant has preferred the present Criminal Appeal.

2. Such of the facts, which are necessary for decision of this appeal, are as under:

The case of the prosecution is that the appellant herein has a brother namely Eliyas Khairadi. Eliyas got married to Amina (since deceased) sometime in June, 2005. All the three were residing jointly. In the last week of November, Amina had been to her maternal house at Village Boramani. While returning back to her matrimonial abode, she forgot to bring the petticoat. It is the case of the prosecution that the appellant Rashida got annoyed over the said issue and quarreled with Amina intermittently for forgetting to bring the petticoat. That on 5.10.2005 at about 12.30 p.m. Amina had sustained burn injuries. Upon hearing her cries, the neighbours and relatives had gathered. Eliyas rushed home and admitted his wife Amina at Civil Hospital, Solapur. Since it was a medical case, an intimation about admission of Amina was given to the Begum Peth Police Station. Head Constable Kavathekar and PSI Vishnu Pawar (PW-5) went to the Hospital. Kavathekar was deputed to summon the Magistrate for recording the statement of the burnt patient. PW-5 Vishnu Pawar approached the Medical Officer to ascertain the state of mind of Amina. Upon receiving the answer in the affirmative, he recorded her statement. The statement was recorded at 14.15 hrs.

Amina disclosed to the PSI Pawar that one week prior to the incident, she had been to her maternal house and while returning she had forgotten to bring the petticoat and, therefore, her sister-in-law namely Rashida was harassing her and quarreled with her. She further disclosed that on 5.10.2005 at about 12.30 p.m. when she was at home along with her sister-in-law, her sister-in-law Rashida raised the quarrel and then she poured kerosene on her from the can, set her ablaze and fled from the house. According to her, her husband came home after some time and admitted her in the Hospital. On the basis of the said statement, Crime No. 319 of 2005 was registered against Rashida for the offence punishable under Section 307 of IPC.

At about 2.30 p.m. PW-3 Prasad Saudikar, who was officiating as Judicial Magistrate, First Class, Solapur, received a requisition letter for recording the statement of Amina in the Civil Hospital. He also obtained the opinion of the medical officer and recorded the statement of Amina between 2.40 p.m. to 2.45 p.m. It is alleged that Amina disclosed to PW-3 about the incident and informed him that she was set ablaze by her sister-in-law. The said statement was handed over to the police.

Amina succumbed to the burn injuries on the same day in the evening. Autopsy was performed on the dead body of Amina. The postmortem notes are at Exhibit 27. Amina had sustained 98% burn injuries and the cause of death was shock due to 98% burn injuries. The offence was then converted to Section 302 of IPC. Rashida was arrested on the same day i.e. on 5.10.2005 at about 10 p.m. and is in jail till today.

3. The investigation was completed and the charge-sheet was filed on 27.12.2005. The case was committed to the Court of Sessions and registered as Sessions Case No. 15 of 2006. The prosecution examined five witnesses to bring home the guilt to the accused. The case of the prosecution mainly rests upon two dying declarations which are at Exhibits 20 and 26 and one oral dying declaration allegedly made to PW-2 Hafija Chitapure.

4. PW-1 Kausar Rachbhare who resides in the neighbourhood of the accused and the deceased. PW-1 happens to be the close relative of deceased Amina. PW-2