JUDGMENT :

V.K. Jadhav, J.

1. This is an Appeal against conviction preferred by the sole accused. Appellant Original Accused was convicted by the 3rd Additional Sessions Judge, Solapur, by judgment and order of conviction dated 15.03.1999 in Sessions Case No. 52 of 1998 u/s. 302 of I.P.C. and sentenced to suffer R.I. for imprisonment of life.

2. Brief facts of the prosecution case are as follows:-

Deceased Noorjahan got married with Saifan Nadaf about ten years back prior to the incident. She was residing with her 2019 ALL MR (Cri) - Oct. children at Solapur. She was doing the tailoring business and her husband was also doing the same business. Her husband Saifan Nadaf had illicit sexual relations with the Appellant-Accused and Appellant-Accused was a keep of Saifan Nadaf. Saifan Nadaf was serving in the office of Municipal Corporation, Solapur, as a clerk. Later on, he left the service and started residing with the Appellant-Accused. Sometimes he used to visit the house of deceased Noorjahan. However, since one month prior to the incident, Saifan Nadaf did not turn up to the house of deceased Noorjahan. Deceased Noorjahan was also in need of money thus, she went to the house of the Appellant-Accused on Thursday at Ramwadi with her children. Appellant-Accused Sunita picked up quarrel with deceased Noorjahan and restrained her to reside in her residence. However, Saifan Nadaf convinced both of them. On 21.12.1997, at night again Appellant-Accused Sunita picked up quarrel with deceased Noorjahan for the same reason. Thereafter, Saifan Nadaf intervened into the matter and convinced them. He asked them to go to bed. On one side of Saifan Nadaf Appellant-Accused Sunita slept and on the another side of the room Noorjahan and her children slept. At about 3.30 a.m. deceased Noorjahan woke up due to the flames of the fire and in the light she noticed that Appellant-Accused was standing near her foot and she was possessing match box. Deceased Noorjahan caught the fire and her husband also woke up. She shouted loudly so her husband and the Appellant-Accused removed her burnt saree from her person. Deceased Noorjahan herself, her husband, Appellant-Accused and her children went to Ramwadi at the house of the elder mother and narrated the incident to her. Thereafter, she was taken to the hospital in auto rickshaw.

3. On 22.12.1997, Head Constable Tadkal was on duty at Ramwadi Police chowky. He has received a message about burn entry in the hospital. He went to Civil Hospital and recorded the statement of deceased Noorjahan, after obtaining the necessary endorsement from the concerned Doctor about her fit mental state. On the basis of the said statement-cum-dying declaration (Exh. 46), initially the crime came to be registered u/s. 307 of the I.P.C. Furthermore, the Executive Magistrate also recorded the dying declaration (Exh. 26). It is also the case of the prosecution that when deceased Noorjahan was taken to the hospital, concern Medical Officer also recorded the history. There are some neighbours before whom deceased Noorjahan has made an oral dying declaration. On 23.12.1997, deceased Noorjahan died in the hospital. Accordingly, Section 302 of I.P.C. was added. After due investigation, the concerned Investigating Officer has submitted the charge, sheet against the Accused. The learned Additional Sessions Judge has framed the charge against the accused for the offence punishable under Section 302 of I.P.C. The accused has pleaded not guilty to the said charge and claimed to be tried.

4. Prosecution has examined in all 16 witnesses to substantiate the charges levelled against the accused. The learned 3rd Additional Sessions Judge, Solapur, vide judgment and order of conviction dated 15.03.1999 convicted the Appellant-Accused for the offence punishable under Section 302 of I.P.C. and sentenced to suffer R.I. for imprisonment of life. Hence this Appeal.

5. The learned Counsel for the Appellant submits that PW1 Ambadas Gaikwad has given a vague s