B.P. Dharmadhikari, J.

This criminal appeal, under Section 374 of the Code of Criminal Procedure, 1973, challenges judgment and order dated 26.11.2014, delivered by learned Additional Sessions Judge, Khamgaon, convicting appellant/husband Janardhan Barku Solanke under Section 302 of the Indian Penal Code for committing murder of his wife by setting her ablaze on 13.3.2012. Victim Ratnabai expired on 18.3.2012.

2. We have heard learned counsel Shri D.V. Chauhan appointed for the appellant and learned Additional Public Prosecutor Shri R.S. Nayak for the respondent/State.

3. Briefly stated case of the prosecution is, the appellant-accused is drunkard and beggar who used to ill-treat his wife Ratnabai for extracting money to consume liquor. On 13.3.2012, both of them went to Asalgaon Bazar and returned back at about 5:30 p.m.. The appellant-accused then demanded money and Ratnabai paid him Rs. 50/-, which he spent on liquor. She refused to give him more money. The appellant-accused quarreled with her, poured kerosene on her person, and set her on fire. The couple had two sons viz. Rajesh and Vijay and a married daughter Bali who then resided at Nasik. At the time of incident, PW5 son Vijay was present in the house.

4. The dyeing declaration of deceased Ratnabai has been recorded vide Exhibit-26 on 13.3.2012 itself at about 9:00 p.m. by PW3 Executive Magistrate Vasant Baban Dabhade in the presence of PW4 Doctor Vinayak Jaidev Dhurjad. In her dyeing declaration, she has stated that her husband has attempted to burn her and her hand was fractured by him. They have returned from Asalgaon bazaar. Her husband is drunkard and troublesome. She had given him money to drink liquor still her husband Janardhan poured kerosene on her person and burnt her. Earlier also, he attempted assaulting her with knife and made several efforts to kill her. She stated that he made full attempt to burn her. It is apparent that effort was to kill her.

5. PW5 son Vijay was seventeen years old on 24.6.2014 when his deposition was recorded by the Trial Court. He was, thus, fifteen years old at the time of incident in question. The gist of his deposition is, on the date of incident, his mother and father came from Asalgaon bazaar. He has stated that his father was a beggar. He demanded money from Ratnabai for consuming liquor and quarreled with her. This was at about 5:00 to 5:30 p.m.. His mother had already paid Rs. 50/- to his father and he was demanding more amount. The father quarreled with his mother since his mother refused to give his father more amount. His father poured kerosene on his mother and set her ablaze. He was standing there and raised shouts. He called PW6, his neighbour, Ajabrao Bajirao Sonanke. Ajabrao came and extinguished his mother. He then rushed to the house of Dharma Pandurang and requested him to bring his Maruti Omni Van in which his mother was then carried to hospital. After setting his mother ablaze, his father was standing outside the house. He has stated that as his father was over-drunk, his mother was scolding him. He denied that his mother was fed up and, therefore, tried to kill herself by pouring kerosene on her person. His father, though not in a position to stand and maintain his balance, tried to prevent the same and in this process hands of his father got stained with kerosene. He denied that his mother herself ignited match stick and set fire. He denied that his father tried to extinguish his mother and sustained burn injuries. He denied that his father was admitted in hospital. His evidence also shows that his maternal aunts, sisters of deceased Ratnabai, Sangita Suresh Solanke and Anita also resided in neighbourhood and they came to hospital with him.

6. The report is lodged by PW1 Sangita, sister of Ratnabai. She heard shouts of PW5 Vijay at 5:30 p.m. and went to house of deceased Ratnabai. Her sister Anita, who resided beyond two to three houses from her house, also came there. Deceased Ratnabai was burning and