The main legal point established is the scrutiny of dying declarations and the reliance on medical and corroborative evidence in cases of conviction under Section 302 IPC.

JUDGMENT :

MILIND N. JADHAV, J.

1. This Appeal questions the legality of the Judgment and Order dated 07.02.2015 passed by the learned Special Judge, appointed under the P.C. Act, Court of Sessions for Greater Bombay in Sessions Case No. 1138 of 2013 convicting Appellant under Section 235(2) of the Criminal Procedure Code, 1973 (for short “Cr.P.C.”) for offence punishable under Section 302 of the Indian Penal Code, 1860 (for short “IPC”) and sentencing him to suffer imprisonment for life.

2. Shorn of unnecessary details, the prosecution case which emerges from record is as under:

2.1. Appellant is husband of deceased victim Sharmila Dasrath Sasane (hereinafter referred to as “Sharmila”). Appellant is convicted under Section 302 IPC for committing murder of Sharmila by setting her ablaze.

2.2. According to prosecution, on 08.09.2013 at about 17:00 hours information was received by Dadar Police Station, from KEM Hospital on telephone regarding Sharmila sustaining burn injuries by setting herself on fire and having been admitted to the hospital by her mother-in-law Smt. Laxmi Sasane. PSI Yashwant Rao Shinde PW-9 along with police constable 00791 visited KEM Hospital and after consulting the Doctor on duty about the condition, consciousness and orientation of Sharmila, which was certified by the Doctor as satisfactory, recorded her dying declaration (Exh.41). This dying declaration was given on 08.09.2013 between 09:30 p.m. to 10:00 p.m. In this dying declaration Sharmila narrated that on 08.09.2013, though she was having fever and did not wish to go to work (labour job), Appellant forced her to go to work and earn her daily wages of Rs. 500/- for the day; thereafter, when she returned home in the evening Appellant insisted that she should give him Rs.200/- for buying Liquor; Sharmila refused to part with any money, hence Appellant got enraged, abused her physically and took the can of kerosene lying in the house, poured it on her and threatened that if she did not give him money he would set her on fire. Despite this Sharmila refused to give him money, hence Appellant lighted a match stick and set her ablaze; she started shouting but Appellant told her that since she did not give him Rs.200/- she should die. Thereafter, fire was extinguished by neighbors and she was taken to hospital by Appellant.

2.3. On the basis of the above statement, C.R. No. 281 of 2013 was registered at Dadar Police Station at 00:05 hrs, on 09.09.2013, for offences punishable under sections 307 and 504 IPC. Spot panchanama (Exh.32) was conducted and partly burnt clothes of Sharmila smelling of kerosene were seized in the presence of PW-5 pancha witness. That apart, one 5 litre plastic can containing half litre kerosene, one match box, half burnt match stick, one black beads broken mangalsutra, one yellow bangle and one white anklet were seized from spot of incident in presence of pancha witnesses.

2.4. On 09.09.2013, Appellant was arrested; clothes worn by him at the time of incident were recovered and seized vide panchanama Exh.29; seized articles were sent by Investigating Officer (I.O.) for chemical analysis. C. A. Report was obtained vide Exh.48.

2.5. On 10.09.2013 in the presence of PW-1 – Special Executive Magistrate, second dying declaration of Sharmila was recorded which was marked in evidence as (Exh.13.) This dying declaration was recorded at about 02:45 p.m. I.O. recorded statements of several persons and collected documents relating to non-cognizable offence about quarrels between Appellant and Sharmila registered in the years 2011 and 2012.

2.6. On 18.09.2013, during the course of medical treatment Sharmila expired; I.O. carried out inquest panchanama and referred her dead body for post-mortem and added Section 302 IPC to the FIR registered earlier; charge sheet was filed against Appellant in the Court of Metropolitan Magistrate, Dadar on 18.11.201