P.R. BORA, J.

1. The State has preferred the present appeal against judgment and order passed by Ad hoc Additional Sessions Judge Nanded in Sessions Case No.92/2001 decided on 26th June, 2002. The Respondents were prosecuted in the aforesaid Sessions Case for the offences punishable under Sections 498A, 302 read with 34 of IPC. It was alleged that in furtherance of their common intention, respondents knowingly and intentionally, caused the death of deceased Kranti Baban Bansode by setting her on fire after pouring kerosene on her person.

2. The alleged incident had occurred on 23rd December, 2000 at about 3.00 p.m. at the residential house of the accused situated at Mahatma Phule Nagar, Bhokar, Tq. Bhokar District Nanded. Deceased Kranti was married with Respondent No.1, about three years prior to the alleged incident. Respondent Nos.2 and 3 are real brothers of accused No.1. Respondent Nos. 1 to 3 are hereinafter referred to as accused Nos.1 to 3.

3. According to the prosecution, all the three accused were residing in the house situated at Mahatma Phule Nagar. It was the case of the prosecution that on 23rd December, 2000, deceased Kranti had taken her son by name Vicky to the doctor since he was ill, with the help of a neighbouring boy, viz. Uttam Sarode. It was alleged that after deceased Kranti returned from the hospital, grievance was raised as about accompaniment of Uttam Sarode with the prosecutrix while going to the hospital. Some ill intentions were attributed on part of deceased Kranti in that regard by her father-in-law. Father-in-law of deceased Kranti was also stated to have asked accused No.2 to keep watch on the prosecutrix. Accused Nos.1 and 2 had raised suspicion over the character of deceased Kranti and some altercations had occurred on the issue. Deceased Kranti thereafter cooked the food and made arrangement for sending Tiffin of accused no.1 and also served meals to accused Nos.2 and 3. Accused No.1 was, however, stated to have returned from the midway. It was further alleged that Accused No.1 thereafter poured kerosene on person of deceased Kranti and set her on fire. Accused No.1 was also alleged to have bolted the door of the room from outside. Deceased Kranti engulfed in the flames, broke open the door and came out. She then was immediately removed to rural hospital at Bhokar. From the said hospital deceased Kranti was referred to Shri Guru Govind Singhji Memorial Hospital, at Nanded. Deceased Kranti had received extensive burn injuries. While in the hospital, dying declaration of deceased Kranti was recorded on 24th December, 2000 by JMFC, viz. Shri A.J.Telang. In the declaration given to JMFC Shri Telang, deceased Kranti implicated the accused persons to have poured kerosene on her person and setting her ablaze. On the basis of the declaration so given by the prosecutrix, initially an offence under Section 498A and 307 of IPC was registered against the accused persons at Police Station, Bhokar and the investigation was set in motion. While undergoing treatment at the civil hospital at Nanded, Kranti succumbed to the burn injuries, whereupon the offence initially registered under Section 307 of IPC was converted into an offence under Section 302 of IPC. The Investigating Officer in usual course carried out spot panchanama, inquest panchanama and also got done post mortem examination of the dead body of victim Kranti. The statements of the witnesses were also recorded. The accused were arrested. Some recoveries were also made in pursuance of the memorandum statements allegedly given by the accused. After completing the investigation, charge sheet was filed in the court of JMFC at Bhokar.

4. The learned JMFC, having regard to the fact that the offence under Section 302 of IPC was exclusively triable by the Court of Sessions, committed the said case to the Sessions Court. After committal, the learned Sessions Judge framed charge against the accused persons, to which the accused pleaded not guilty a