P.V. Hardas, J.

The appellants, who stand convicted for an offence punishable under Sections 302 r/w 34 and 498A r/w 34 of the Indian Penal Code and sentenced to imprisonment for life and to each pay fine of Rs. 1,000/-, in default to undergo S.I. for three months and R.I. for one year and to each pay fine of Rs. 500/-, in default to undergo S.I. for one month, by the Additional Sessions Judge-1, Nanded, by judgment, dated 13.7.2011, in Sessions Case No. 134 of 2006, by this appeal question the correctness of their conviction and sentence.

2. The facts, as are necessary for the decision of this appeal, may briefly be stated thus:-

PW-9 A.S.I Pandurang Kamble, who was attached to Bhagyanagar police station on 14.3.2005, was on mobile duty on that day. At about 10.00 p.m. he was informed about admission of one lady in the hospital due to burns. After informing the P.S.I., PW9 A.S.I. Kamble proceeded to the Government Hospital and informed the Medical Officer that he had come for recording the statement of the injured lady. The Medical Officer accompanied PW9 A.S.I. Kamble to the Burn Ward and after examining the injured lady opined that she was in a fit condition to give her statement. PW9 A.S.I. Kamble accordingly recorded the statement of Ramabai who was admitted with burns in the hospital. The statement of Ramabai recorded by PW9 A.S.I. Kamble is at Exh.40.

3. PW10 P.I. Santosh Chavan, who was attached to Bhagyanagar police station, was entrusted with the investigation of Crime No. 95 of 2005 under Sections 307, 498A r/w 34 of the Indian Penal Code which was registered on the basis of the statement of Ramabai at Exh.40. PW 10 P.I. Chavan accordingly proceeded to the scene of the incident and drew the scene of the incident panchanama in the presence of panch as. From the scene of the incident, he seized one match box, one plastic bottle containing 200 ml. kerosene, broken pieces of glass bangle, broken pieces of mettle bangle and pieces of burnt sari and blouse. The scene of the incident panchanama and the seizure effected thereunder is at Exh.29. The accused were arrested and clothes on the person of the accused were seized in the presence of panch as under seizure memo at Exh.42. The clothes of accused Deubai were seized in the presence of panchas under seizure memo at Exh.31. Similarly, the clothes of accused Aruna were also seized under seizure memo at Exh.43. The arrest panchamas of the accused are at Exhs.44 to 46. Statements of witnesses were recorded. On 20.3.2005 injured Ramabai succumed to her injuries, and therefore, an inquest panchanama of the dead body of Ramabai was drawn in the presence of panchas at Exh.17. The dead body was referred for postmortem examination. On 14.5.2005, the seized property was referred to the Chemical Analyser under a requisition. Further to the completion of investigation, a charge sheet against the accused was submitted.

4. PW4 Mohd. Tayab Mohd. Isaq, Special Judicial Magistrate, had received a requisition at Exh.24 for recording the dying declaration of injured Ramabai. He had accordingly proceeded to the Government Hospital at Nanded and requested PW8 Dr. Sangita to, ascertain the condition of injured to give her statement. Upon PW8 Dr. Sangita opining that Ramabai was in a fit condition to give her statement, PW4 Mohd. Tayab Mohd. Isaq recorded the statement of Ramabai at Exh.25.

5. Postmortem on the dead body of deceased Ramabai was performed by the Medical Officers of the Government Medical College at Nanded. The postmortem report is at Exh.19. Perusal of the postmortem report indicates that Ramabai had sustained 49% burns. The Medical Officer has opined that cause of death was shock due to burns.

6. On committal of the case to Court of Sessions, trial Court vide Exh.3 framed charge against the accused for offence punishable under Section 302 r/w 34 of the Indian Penal Code. The accused denied their guilt and claimed to be tried. Prosecution in Support of its case examined ten wit