Sarang V. Kotwal, J.

1. The Appellant has preferred the present Appeal against judgment and order dated 06/04/2010 in Sessions Case No.09/09, passed by Additional Sessions Judge, Ichalkaranji, whereby the Appellant was convicted for commission of offence punishable u/s 302 of the Indian Penal Code and was sentenced to suffer imprisonment for life and to pay a fine of Rs.15,000/- and in default of payment of fine to suffer further rigorous imprisonment for six months.

2. The prosecution case is that, the present Appellant was having illicit relationship with one Savitri Chandrakant Londhe. Savitri's husband had expired a few years ago and her son was residing with his Uncle. Savitri was residing alone. On 20/12/2007 at about 11.00 p.m. the present Appellant quarreled with Savitri. He was demanding that Savitri should transfer her house in his name, and on her denial; getting annoyed, he poured kerosene on her person and set her ablaze. Thereafter he threw water on her person and fled away from the spot. The said Savitri went to her sister-in-law's place. She was taken to hospital by her relatives. According to the prosecution case, her statement was recorded in the night, which was treated as FIR. Initially the FIR was registered at Laxmipuri Police Station vide C.R.No.00/07 and was transferred to Hupari Police Station, Kolhapur, at about 03.05 p.m. on 21/12/2007 and crime was registered vide C.R.No.72/07 u/s 307, 504 of the Indian Penal Code. On the next morning of the incident again her statement was recorded by a Special Executive Magistrate in respect of the incident. Savitri survived for a few days and ultimately on 26/12/2007 she succumbed to her injuries because of the Septicemic shock. She had suffered 75% superficial to deep burn injuries. After the death of the victim section 302 of IPC was added.

3. The Appellant was arrested on the next day of the incident i.e. on 21/12/2007. Various panchanamas and statements of the witnesses were recorded and after the investigation was over, charge-sheet was filed on 18/03/2008 before the 4th J.M.F.C. Ichalkaranji, Kolhapur. Thereafter the case was committed to the Court of Sessions and was tried as Sessions Case No.09/09 before the Additional Sessions Judge, Ichalkaranji. The charge was framed against the Appellant on 30/09/2009 u/s 302 and 504 of the Indian Penal Code. At the conclusion of the trial the Appellant was acquitted from the charge of commission of offence u/s 504 of IPC and was convicted u/s 302 of IPC as mentioned earlier.

4. During the trial the prosecution examined 11 witnesses. P.W.1 Anil Bapusaheb Ghongade was the Pancha for spot panchanama, which was carried out on 21/12/2007 between 15.30 p.m. to 16.15 p.m. in the house of the said Savitri. During conduct of the spot panchanama the police seized two burnt Sarees, a Can containing kerosene, a burnt blouse, a small kerosene lamp, match box and pair of footwear. However, the articles were not sent to C.A. and there are no C.A. Reports assisting the prosecution against the accused in the present case.

5. P.W.2 Sunil Chandrakant Londhe was the son of the deceased. P.W.3 Maruti Doulat Londhe was the brother-in-law of the deceased. P.W.5 Subhadra Maruti Londhe was the sister-in-law of the deceased. P.W.7 Rajesh Shankar Rathod was P.W.2 Sunil's friend. All these witnesses did not support the prosecution case. They were examined on two aspects i.e. past illicit relationship between the Appellant and the deceased and the oral Dying Declaration she was supposed to have made while being taken to hospital in their presence. However, none of these witnesses has supported the prosecution case and they were declared hostile.

6. P.W.8 Dr.Vinod Vijay Paradeshi had conducted the Post Mortem examination on the deceased and had found 75% burn injuries on her body. The cause of death was given by him as death due to Septicemic shock after 75% burn injuries, which were superficial to deep. P.W.10 Balwant Krishna Hajare, P.H.C.