1. This appeal is by original accused (hereinafter referred to as “accused), who has been convicted by 5th Additional Sessions Judge, Ahmednagar, on 19.5.2000 in Sessions Case No.80/1999, for offence under Section 306 of the Indian Penal Code (IPC for short) and has been sentenced to suffer rigorous imprisonment for four years and to pay a fine of Rs.1000/-, in default to suffer further rigorous imprisonment for two months.

2. The case of prosecution in brief is that :- (a) A.S.I. Laxman Kusalkar (P.W.7) of Kotwali Police Station, Ahmednagar, on 22.1.1995, received phone call from Civil Hospital, Ahmednagar that one Shabana Hamji Shaikh (hereinafter referred to as “victim) with burns was admitted to the hospital. This A.S.I. went to the hospital and after completing formalities, recorded the statement of Shabana, which was recorded as her dying declaration (Exhibit 32). On the same day, yet another dying declaration of Shabana was recorded by Special Executive Magistrate (P.W.2) Ruth w/o Shivaji Salve. In the dying declarations, in substance, Shabana (an unmarried woman) had informed that she was in love with the accused Shaikh Asif Ismail and both of them were residing to