S.S. Shinde, J.

1. This Appeal is directed against the Judgment and Order dated 7th January, 2003 passed by the IInd Adhoc Additional Sessions Judge, Ahmednagar in Sessions Case No. 52 of 2001, thereby acquitting both the accused i.e. Respondent Nos.1 and 2 from the offences punishable under Sections 302, 498A read with section 34 of the Indian Penal Code (for short "I.P. Code").

2. The prosecution case, in brief, is as under:

A. Smt. Chadrakala Devidas Kale (PW1) resides at Kolhapur. Deceased Pratibha was the daughter of PW1 – Chandrakala and deceased Devidas Kale, who died prior to the marriage of Pratibha. Accused Suresh is the only son of accused Lilabai. His father also died during his childhood. Both accused Lilabai and Suresh are in service and also own house in Butkarwadi, Ahmednagar.

B. It is the case of the prosecution that, the marriage of Pratibha (now deceased) and Suresh Pawar was solemnized, and during the said marriage dowry was also paid. After marriage, Pratibha went for cohabitation with accused. During first year of the marriage, there was proper cohabitation between the spouse. Thereafter, both the accused started ill-treating Pratibha thereby making demand of Rs.15,000/- from her mother so as to purchase motorcycle. Pratibha used to tell about the said ill-treatment to Chandrakala (PW1) whenever, there was telephonic conversation between them, and when Pratibha used to visit her parent's house. Prior to one year of the alleged incident, deceased Pratibha had been to her mother's house. At that time she told her mother about the demand made by the accused of Rs.15,000/- and on refusal an illtreatment meted out to her, at the hands of the accused persons. Pratibha had also told Chandrakala (PW1) that, due to non-fulfillment of demand of Rs.15,000/-, both the accused had caused burn injuries on her back. Chandrakala (PW1) had seen those burns. Pratibha was given treatment in the hospital. Thereafter, Chandrakala (PW1), her brother Bhagchand, brother-in-law Ankush Dahikar, her elder son Sagar brought Pratibha to the house of accused persons, and they requested the accused not to give ill-treatment to her and left her for cohabitation.

C. It is the case of the prosecution that, on 8th January, 2001 at about 21 to 21.30 hours, after taking sup, both accused sprinkled kerosene on the person of Pratibha and set her on fire when she was in the kitchen room. Pratibha shouted for help and the neighbourers, viz., Ramesh Anant Deshpande (PW8) and one Shabbir Karimoddin rushed to the spot. They saw that, both accused were extinguishing the fire on the person of Pratibha by throwing water. Accused Suresh during that task had also received the burn injuries to his left hand, mouth, legs etc. With the help of Ramesh (PW8), both accused brought Pratibha to Civil Hospital, Ahmednagar by rickshaw.

D. It is the case of the prosecution that, on 8th January, 2001, at about 10.00 p.m. deceased Pratibha was admitted in Civil Hospital, and immediately Dr. Shri Manoj Bapurao Ghuge, Chief Medical Officer had given treatment. When deceased Pratibha was admitted in the hospital, he recorded the history and mentioned in it that, Pratibha received 98% burn injuries.

E. It is the case of the prosecution that, the Head Constable Shri Shiwaji Natha Sathe (PW4) was on duty in Civil Hospital on 8th January, 2001. During that period, at about 10.30 p.m., he gave requisition to Dr. Shri Ghuge for his opinion, so as to know as to whether Pratibha was physically and mentally fit to give statement or not. Pratibha was in semiconscious condition, therefore, her statement was not recorded. Immediately, on intimation given to Topkhana Police Station, about the admission of Pratibha in the Civil Hospital, the P.S.O. on duty informed to Shri Maruti Sambhaji Sadaphule (PW10), Assistant Police Inspector of Tophkhana Police Station, and he immediately went to Civil Hospital, and gave directions to Shri Sathe, to record the dying declaration of Pratibh