JUDGMENT :

(Abhay S. Waghwase, J.) :

1. By invoking section 374 of the Code of Criminal Procedure (Cr.P.C.), original accused – appellant is questioning the Judgment and order dated 22.07.2014 passed by the learned Additional Sessions Judge, Ahmednagar in Sessions Case No. 33 of 2013, by which appellant is convicted for offence under section 302 of Indian Penal Code (IPC).

2. The facts giving rise to the case are as under :-

Deceased Parveen was married to accused six months prior to the incident. According to prosecution, accused was involved in scrap business and was in the habit of consuming liquor. After consuming liquor, he used to beat Parveen raising suspicion about her character. He also demanded Rs.20,000/- and on such count there was cruelty and harassment to Parveen. On 27.10.2012, in above backdrop, accused-appellant poured kerosene on her person and incinerated her. In the said episode, Parveen suffered more than 91% burn and was therefore shifted to hospital, where PW-3 Gorakshanath – a Special Judicial Magistrate visited the hospital and after seeking opinion of Doctor about fitness of patient, he recorded dying declaration at Exhibit-29. On the strength of which, crime