JUDGMENT

M.G. Sewlikar, J. - This appeal is preferred by the original accused against his conviction under Section 302, 323 and 506 of Indian Penal Code and sentenced to sufer rigorous imprisonment for life and to pay fine of Rs.500/- and in default to sufer simple imprisonment for one month for the ofence punishable under Section 302 of I.P.C. He is also sentenced to sufer rigorous imprisonment for three months and to pay fine of Rs.200/- and in default simple imprisonment for 10 days for the ofence punishable under Section 323 of I.P.C. He is also sentenced to sufer rigorous imprisonment for one month and to pay fine of Rs.100/- and in default simple imprisonment for 7 days for the ofence punishable under Section 506 of I.P.C.

2. Facts giving rise to this appeal are that the appellant is the husband of the deceased Pushpa. Deceased Pushpa was the daughter of the maternal uncle of the accused/appellant. Their marriage was solemnized 7 years before the incident.

3. It is the case of the prosecution that the accused/appellant is a liquor addict. In the evening, he used to come home drunk and would assault her on trivial grounds. On 16.10.2012 at about 8.00 p.m., the accused/appellant came home drunk. The deceased questioned him as to why he had consumed liquor, thereupon the accused/appellant abused her and slapped her and said that he would get rid of her. She and her son went to sleep after having dinner. At about 12.00 in the night the accused/appellant poured kerosene on her. At that time she woke up but the accused/appellant ignited the match stick and threw it at her and ran out of the house. She ran out of the house screaming. Thereupon, the accused/appellant poured water on her and extinguished the fire.

4. Deceased Pushpa was shifted to the hospital by Indica Car. The intimation of the admission of the deceased Pushpa was given to the police station. The mother and the sister of the accused also accompanied her to the hospital. Accordingly, PW-7 H.C. Rathod went to the Civil Hospital and recorded the dying declaration of the deceased Pushpa in which she narrated the incident as stated above. This dying declaration was recorded between 11 a.m. and 11.15 a.m.

5. Second dying declaration was recorded by PW 8 Special Judicial Magistrate Datta Navghare. The Special Judicial Magistrate PW-8 Datta Navghare approached the Medical Ofcer for recording the dying declaration of the deceased. He recorded the dying declaration of the deceased Exh. 38. In this dying declaration also she stated that the accused/appellant used to drink liquor. He was not ready to give it up, therefore, there was quarrel in the night of 16.10.2012. When she was asleep, the accused/appellant poured kerosene on her and set her on fire.

6. Dying declaration recorded by PW 7 H.C. Rathod was treated as an F.I.R. and ofence under Section 307, 323, 504 and 506 of the I.P.C. was registered. The ofence was converted into the ofence under Section 302 of the I.P.C., as deceased Pushpa breathed her last on 22.10.2012 at 9.00 a.m.

7. Postmortem on the dead body of the deceased was conducted by PW- 6 Dr. Dake, who opined that the deceased died due to ''septicemia due to burns''.

8. Spot panchanama Exh. 21 was prepared. Pant of the accused, a full shirt having black design of the accused, partial burnt cloth pieces, a Can containing kerosene were seized and referred to the Chemical Analyzer. After disclosure of the ofence charge-sheet was submitted before the learned J.M.F.C., Nanded who committed the same to the learned Sessions Judge in usual manner.

9. Charge Exh.- 11 was framed by the learned Additional Sessions Judge, Nanded under Section 302, 323, 504 and 506 of the I.P.C. It was read over and explained to the accused/appellant who pleaded not guilty to it and claimed to be tried. His defence is of total denial. It is also his defence that the deceased was burnt because of the fall of ''Chimni'' (Oil Lamp).

10. The learned Sessions Judge examined ten witnesses. T