JUDGMENT :

V.G. BISHT, J.

1. The instant criminal Appeal under Section 378(1) of the Code of Criminal Procedure, 1973 (Cr.P.C.) has been preferred by the State assailing the judgment and order dated 17th January, 2004 passed by the 8th Additional Sessions Judge, Pune in Sessions Case No. 225 of 2003, whereby the respondent-accused was acquitted of the charge under Section 302 of the Indian Penal Code (‘IPC’ for short).

2. The facts as brought out in the case of prosecution are that:

(a) On 13/03/2003 PSI Ravindra Dadasaheb Jadhav, investigating officer, visited the Sasoon Hospital where Smt. Sadhana Bhagwan Bhandalkar (since deceased) was admitted for burn injuries. After satisfying from Dr.Mangesh Sundarrao Tandale (PW-4) that the deceased was conscious and well oriented, he recorded her statement/dying declaration. He then proved the dying declaration at Exh.17.

(b) On bare perusal of the dying declaration at Exh.17, it would be seen that on 10/03/2003 after she returned to conjugal home from parental home, she found accused-husband consuming liquor. Even the accused told her as to why she had returned, however, she overlooked the said comment. The accused then went out of the house.