JUDGMENT :

(Abhay S. Waghwase, J.) :

1. Appellant/convict is taking exception to the Judgment and order of conviction passed by the learned Additional Sessions Judge, Jalgaon in Sessions Case No. 114 of 2014, by which appellant stood convicted for the offence punishable under section 302 of the Indian Penal Code (IPC) and sentenced to suffer imprisonment for life and to pay fine of Rs.5,000/-, in default, to suffer rigorous imprisonment for six months.

CONSPECTUS OF PROSECUTION CASE

2. Deceased Tulsabai, daughter of PW-1 Danu – informant, was married to the accused 15 years back and she was cohabiting with him. After two years of marriage she conceived and gave birth to a son. When she had been for delivery to her parents’ house and stayed there for two months, at that time, it is alleged that accused-husband developed extra marital affair and even performed “Gandharv marriage” with another lady, namely, Shobhabai. Therefore criminal action was initiated against him by deceased for performing second marriage during subsistence of first marriage. Subsequently, the matter was settled and compromised and deceased Tulsabai had come back to cohabit with the accused.

3. On 28.05.2014, there was a quarrel between deceased Tulsabai and accused which was followed by pouring kerosene and setting her ablaze and therefore, she was admitted in Civil Hospital, Jalgaon. PW-1 Danu was informed, who accordingly reached there and after having talks with his daughter, he is set law into motion. Initially accidental death (AD) was registered. Deceased succumbed to the burn injuries and therefore report was lodged by father alleging murder, due to which crime against accused bearing No. 90 of 2014 was registered for commission of offence under section 302 of IPC.

4. Above crime was entrusted and investigated by PW-6, who took all necessary steps for completing the investigation and thereafter accused came to be charge-sheeted.

5. The case was assigned to the file of Additional Sessions Judge, Jalgaon, who conducted trial and after appreciating oral and documentary evidence adduced by both sides, recorded guilt of appellant and thereby passed order of conviction and sentence as stated above.

It is the above conviction, which is now questioned by the appellant-accused on various grounds raised in the appeal memo.

6. As required, this being the first appellate court, is expected to reappreciate, re-evaluate and re-assess the entire oral evidence adduced before the trial Court and therefore, we proceed to do so.

7. Oral evidence which came up before the trial court comprises of evidence of PW-1 Danu father, who had lodged complaint. PW-2 Sanjay is the spot panch who did not support the prosecution, PW-3 Dr. Sachin is the autopsy Doctor who conducted postmortem and issued opinion about the cause of death as ‘due to cardio respiratory arrest (CRA) and hypovolumic shock due to 57% burns’. PW-4 P.S.O. Subhash Pawar is the police official who recorded dying declaration of deceased Tulsabai by visiting Civil Hospital, Jalgaon and transmitted the same to the Investigating Officer (PW-6). PW-5 Dr. Swati Patil is the Doctor who issued fitness certificate of deceased to give declaration and PW-6 A.P.I. Mohan Borase is the Investigating Officer.

8. The sum and substance of evidence of above witnesses is as under :-

According to father – informant (PW-1 Danu), his daughter was married to accused 15 years back. That, out of said wedlock, his daughter had a son, but he was staying with him. After marriage, his daughter went to cohabit with accused at matrimonial home situated at village Waghari, Tq. Jamner, Dist. Jalgaon. He deposed that after two years of marriage, when she came to his house for delivery, at that time, she stayed for two months and during such period accused married with another woman, namely Shobhabai and therefore, criminal case was lodged. Subsequently, it was compromised and his daughter went back to cohabit with accused. He stated that his daughter and s