The main legal point established in the judgment is the importance of establishing guilt beyond reasonable doubt, the interpretation of dying declarations, and the burden of proof in criminal trials.

JUDGMENT

S. M. Modak, J. - Issue involved in this appeal is whether the theory of homicidal death is to be believed or whether the theory of homicidal death is doubtful on the basis of available investigation papers thereby suggesting accidental death ?

2. Trial Court i.e. the Additional District and Sessions Judge, Solapur had chosen to accept the theory of homicidal death and convicted the present appellant for committing murder of one Pooja Balaji Bansode. He was convicted for the offence punishable under section 302 of IPC. He has challenged the correctness of the said judgment before us.

3. We have heard Mr. Ganesh Bhujbal, the learned Counsel for the Appellant, Mrs. M. M. Deshmukh, the learned APP for Respondent No.1-State and Mr. Shantanu Phanse, the learned Counsel (Appointed by Legal Aid Panel) for Respondent Nos.2 to 5. Respondent Nos.2 to 5 are the daughters of deceased Pooja and they have been joined as the Trial Court was pleased to award them compensation of Rs.40,000/- from the fine amount of Rs.50,000/-, which has not been deposited by the Appellant. This Court granted him bail.

4. After perusing the record with the assistance of both the sides, we are inclined to hold that there are materials brought on record which creates doubt about the theory of homicidal death. These materials were part of the investigation papers and they were tendered in evidence. The learned trail Judge has come to conclusion about homicidal death without considering those papers. So we have no alternative but to set aside conviction. We will give reasons for our opinion hereinafter.

5. Admittedly, the deceased Pooja and accused were not relatives in any form. Though not satisfactorily but it has come in evidence (through PW-6 Gangabai Kisan Randive) that the deceased Pooja used to sale liquor. The reasons for the quarrel suggested by the prosecution are two: one is deceased Pooja not paying any amount to the accused for consuming liquor and gutka. second is the accused doubted the character of deceased Pooja. Though it has not come in evidence that the accused was having any illicit relationship with deceased Pooja but the evidence suggest that accused was in position to make some demand with the deceased.

6. Deceased Pooja was one of the daughters of first informant Mirabai Nathaji Kamble-PW-1. Pooja's husband is no more. She was having 4 daughters. Out of them Mayuri Balaji Bansode and Sanyukta Balaji Bansode gave evidence as PW-3 and PW-2 respectively. Both have not completed their minority. Deceased Pooja was having two more daughters by name Vidya and Vaishnavi. The accused used to visit the house of first informant near Ravivar peth, old Boramani Naka, Solapur. The accused harassed the deceased during those visits. Resultant act took place on 2/11/2011.

7. To prove the allegations the prosecution in all examined 6 witnesses. Admittedly, the first informant Meerabai (the mother of deceased) is not an eye witness to the main incident, PW-2-Sanyukta Bansode and PW-3-Mayuri Bansode were portrayed as eye witness to the main incident whereas PW-6-Gangabai Randive is a neighbour, PW-4-Arjun Lagmanna Kankurti is a panch who attended the spot panchanama. PW-5- PI Yashwant Baburao Shirke is the Investigating Officer.

8. It is a matter of record that the Doctor who performed autopsy has not been examined. It is for the reason that the post mortem report was admitted by the defence and it is at Exhibit 45. Doctors at Government Hospital, Solapur performed post mortem on 3/8/2011. We can read the post mortem report. There are 83% burn injuries. The shock due to burn injury was the cause of death. No doubt it is unnatural death. We have to ascertain whether the findings of the trial Court about homicidal death is correct or not ?

9. The trial Court on one hand believed upon the evidence of eye witnesses account in the form of testimony of PW-2-Sanyukta and PW-3-Mayuri whereas on the other hand has declined to believe the story of accidental death. The