The central legal point established in the judgment is the requirement for the prosecution to prove the guilt of the accused beyond reasonable doubt, emphasizing the importance of reliable and consistent evidence.

S. B. Shukre, J.

1. This is an appeal preferred against the judgment and order delivered on 26.11.2014 in Sessions Trial No. 20 of 2012 by the Additional Sessions Judge-I, Achalpur, thereby convicting and sentencing the appellant for the offence punishable under Section 302 of the Indian Penal Code.

2. Briefly stated, the facts of the case are as under:

This is a case wherein a 2 Year old marriage between the appellant and the deceased Ratna met with an abrupt and unfortunate end due to indiscretion shown by the appellant, which proved to be fatal for his wife. The couple was residing at village Diya, Tahsil Dharni, District Amravati together with their 9 month old son. The appellant, it is alleged, had the habit of consuming liquor and returning home intoxicated. It is further alleged that in the state of intoxication, the appellant used to suspect the fidelity of his wife, deceased Ratna, and sometimes, even beat her. Evening of 29.4.2011, however, was different for the couple, in the sense that the callousness of the appellant towards his wife attained its peak. Around 05.00 pm of that day, the appellant returned home in an inebriated condition. No sooner did he enter the house than he started suspecting character of deceased Ratna. This suspicion, it appears, became so deep that it manifested into a concrete action on the part of the appellant. He beat deceased Ratna by giving her blows of fists and kicks and then pouring kerosene oil on her person, he set her ablaze by using an ignited matchstick. Deceased Ratna was removed to the Government Hospital at Dharni by Village Sarpanch Bhagabai from where she was taken to Irvin Hospital, Amravati for treatment of her burn injuries. She had suffered 82% burns. The treatment administered to deceased Ratna did not work much and ultimately, on 4th May 2011, Ratna succumbed to her burn injuries.

While in the hospital at Amravati, her dying declaration was recorded on 30th April 2011 on the basis of which an offence punishable under Section 307 of the Indian Penal Code was registered against the appellant. After the death of Ratna, it was converted into an offence of murder, punishable under Section 302 of the Indian Penal Code. After her death, the inquest panchanama was drawn out and postmortem report was also obtained. The postmortem report revealed that deceased Ratna died due to the burn injuries of 82% and hypovolemic shock. The statements of witnesses were recorded and after completion of the investigation, the chargesheet was filed against the appellant. It was committed to the Sessions Court as the offence was exclusively triable by the Sessions Court.

3. The appellant was charged with an offence of murder punishable under Section 302 of the Indian Penal Code to which he pleaded not guilty and claimed to be tried. He was tried accordingly. On merits of the case, the learned Additional Sessions Judge found that the offence of murder was proved beyond reasonable doubt against the appellant and, therefore, by his judgment and order delivered on 26.11.2014, convicted the appellant for the same and sentenced him to suffer rigorous imprisonment for life and to pay a fine of Rs. 500/, in default, to suffer further RI for one month. It is the same judgment and order which are under challenge in this appeal.

4. We have heard Ms F. N. Haidari, learned counsel (appointed) for the appellant and Shri J. Y. Ghurde, learned Additional Public Prosecutor for the respondent-State. We have carefully considered the record of the case.

5. This case is based upon Dying Declaration vide exhibit 10 and oral dying declaration made by deceased to the prosecution witnesses, PW 2 Sunanda, PW 4 Punai and PW 5 Babulal.

6. According to learned counsel for the appellant, neither the recorded Dying Declaration (exhibit 10) can be relied upon nor the statements made to the prosecution witnesses by deceased Ratna disclosing the circumstances relating to her death, could be believed. She submits that there ar