Indira K. Jain, J.

This appeal is preferred by the original accused against the judgment and order, dated 11.6.2012, passed by the learned Sessions Judge, Nanded, in Sessions Case No. 160 of 2011. By the said judgment and order, the learned Sessions Judge convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to imprisonment for life.

2] For the sake of convenience, we shall refer the appellant in his original status as accused as he was referred before the trial court.

3] The gist of the prosecution case is as under :-

(i) Incident took place on 5.8.2011 between 7.30 p.m. and 8.00 p.m. in the house of accused, situated at Koli, Taluka Hadgaon, District Nanded. Accused was married to Punyarathabai before 19 years of the incident. The couple was blessed with one daughter and two sons. Sons were residing at the house of father of Punyarathabai at village Shivni (Bk.), Taluka Kalamnuri, District Hingoli. Accused, his wife Punyarathabai and daughter were residing together. They were the labourers.

(ii) According to prosecution accused was suspecting infidelity of his wife and on that count he used to illtreat, abuse and threaten to kill her.

(iii) On 5.8.2011 in the evening, accused scolded and beat his wife as she did not serve the cooked vegetable to the son of his brother. Thereafter deceased went to sleep. At about 8.00 p.m. accused poured kerosene on her person and set her on fire. He fled away on setting his wife ablaze. After some time he came back, wrapped the quilt on the person of his wife and tried to extinguish fire. While extinguishing fire accused sustained burns on his palm. His wife sustained 86 per cent burns.

(iv) Uttam Kadam, maternal uncle of Punyarathabai was residing in the same village. He was informed about the incident. Punyarathabai was initially taken to PHC, Hadgaon and then referred to the Government Hospital, Nanded.

(v) PW7 ASI Sayed Shafiuddin was attached to police chowki at Government Hospital, Nanded. An intimation of admission of burn patient was given to police chowki. PW7 ASI Shafiuddin wrote a letter to Special Judicial Magistrate for recording statement of the patient. Then he himself recorded statement of Punyarathabai between 2.45 a.m. and 3.00 a.m. Before recording the statement, PW7 ASI Shafiuddin inquired from the doctor whether patient was fit to give her statement. After doctor certified her dying declaration was reduced to writing.

(vi) On 6.8.2011 Police Constable Yadav carried the statement to Hadgaon police station. On the basis of statement of Punyarathabai recorded by PW7 ASI Shafiuddin, Crime No. 65 of 2011 came to be registered under Sections 307 and 504 of the Indian Penal Code against the accused.

(vii) PSI Venkatesh Ranvirkar took over the investigation. He visited the spot and recorded spot panchanama. A can containing kerosene, match box and one empty liquor bottle were seized from the spot.

(viii) Accused was arrested on 7.9.2011. As he sustained burns, he was under medical treatment. Map of scene of offence was drawn by Taluka Magistrate. On 10.8.2011 Punyarathabai succumbed to burn injuries at 17.45 hours.

(ix) Inquest panchanama was drawn. The dead body was sent for postmortem. Offence under Section 302 of the Indian Penal Code was substituted for the offence under Section 307 of the Indian Penal Code. During investigation, number of witnesses were examined.

(x) On completion of investigation, charge sheet was filed before the court of Judicial Magistrate, First Class, Hadgaon, who in turn committed the case for trial to the Court of Sessions.

4] On committal of the case, trial court framed charge against the accused at Exh.5. He pleaded not guilty to the charge and claimed to be tried. Accused submitted written defence vide Exh.33. It is stated by the accused that deceased was hot tempered lady. She was receiving convulsions. Once in heat of anger she threw hot khichadi on the person of their daughter Sujata. They were labourers. As two sons w