JUDGMENT

V. K. Jadhav, J. - This appeal is directed against the judgment and order of conviction passed by the Additional Sessions Judge, Jalna dated 21.7.2014 in Sessions Case No.92 of 2013.

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

a] Deceased Taslimbi was the wife of appellant-accused Yousuf Shaikh and their marriage was solemnized some 20 years back. They had two sons and a daughter. Some 4 to 5 years prior to death, the appellant/accused Yousuf and his mother had started ill-treating deceased Taslimbi by suspecting about her character. They used to insist her to bring certain amount from her parents for household expenses. Deceased Taslimbi had disclosed the ill-treatment being extended to her on account of non-fulfllment of the said demand. She had also disclosed her brother PW 7 Shaikh Naim Shaikh Kasam that the appellant/accused Yousuf has threatened to kill her.

b] The incident had taken place on 26.01.2013 at about 11.00 to 12.00 am. The appellant/accused Yousuf had quarreled with deceased Taslimbi on account of some domestic reasons. Deceased Taslimbi therefore got annoyed and in the heat of anger stated that she would set herself on fre. Thereupon, the appellant/accused Yousuf has pointed out the petrol can and told her to set herself on fre. Deceased Taslimbi, however, stated that she would not set herself on fre. The appellant/accused Yousuf thereafter poured entire petrol from the can on the person of the deceased Taslimbi, who was in sitting position and set her on fre with the help of matchstick. Deceased Taslimbi was thereafter taken to hospital.

c] On 27.1.2013 Gondi police station has received the MLC no.1915. API of Gondi Police Station has directed PW 8 PSI Somnath Shinde to visit Government Medical College and Hospital, Aurangabad (Ghati) and to record the statement of the victim. PW 8 PSI Somnath Shinde has thereafter visited the hospital and after completing the necessary formalities and also after obtaining the opinion of the doctor about ft state of mind of the deceased, recorded the complaint-cum-dying declaration exhibit 43 of the deceased Taslimbi. On the basis of the complaint-cum-dying declaration exhibit 43, crime no.10 of 2013 for the offence punishable under sections 307, 498-A, 34 of the Indian Penal Code came to be registered at Gondi Police Station. PW 8 PSI Somnath Shinde has carried out the investigation of the crime. PW 8 PSI Somnath Shinde has visited the spot and drawn the spot panchnama exhibit 45. He has seized the plastic can in burnt condition and match box of plus two company from the spot under the spot panchnama exhibit 45. He has also issued the letter exhibit 44 to Tahsildar on the same day for recording the dying declaration of the deceased Taslimbi. He has also effected arrest of the accused by drawing arrest panchnama exhibit 46 and also issued the letter exhibit 47 to the Medical Offcer for medical examination of the accused. On 29.1.2013 PW 8 PSI Somnath Shinde has seized the clothes on the person of the accused at the relevant time by drawing panchnama exhibit 49. On the same day he has recorded the statement of the witnesses. On 2.2.2013 victim Taslimbi died. PW 8 PSI Somnath Shinde received postmortem notes on 5.2.2013. He has also received the inquest panchnama since carried out in the hospital by the concerned police. He again recorded statement of the witnesses on 7.2.2013. Meanwhile, on 27.1.2013 itself Naib Tahsildar PW 3 Sanjay Madhukarrao Gaidhani has recorded the dying declaration exhibit 31 of deceased Taslimbi. After completion of the investigation, API Kashid has fled the charge-sheet against the appellant/accused and his mother Chotibi Shaikh. C.A. reports received afterwards also forwarded to the Court and they are marked at exhibit 51 and 52 respectively.

3. The learned Additional Sessions Judge, Jalna has framed the charge vide exhibit 5 against the appellant/accused Yousuf and his mother Chotibi for the offence punishable under sections 302, 4