The importance of a complete chain of evidence, the consistency of circumstances with the hypothesis of the guilt of the accused, and the exclusion of every possible hypothesis except the one to be proved in cases based on circumstantial evidence and dying declarations.

JUDGMENT

Milind N. Jadhav, J. - This Appeal challenges the validity and legality of Judgment and Order dtd. 17/6/2016 passed by learned Additional Sessions Judge, Mangaon, Dist. Raigad in Sessions Case No. 15 of 2014 convicting Appellant for offence punishable under Sec. 302 of Indian Penal Code, 1860 (for short "IPC") and sentencing him to suffer imprisonment for life and to pay fine of Rs.2, 000.00, in default, to suffer further simple imprisonment for one month.

2. Appellant has been convicted for murder of his wife Jana Raju More (deceased). Both resided in a hut along with their two sons viz. Sameer and Chandrakant. Jana's father (PW-1) resided in another hut 200 feet away. According to prosecution, Appellant used to physically abuse Jana after consuming alcohol.

3. Prosecution case is as follows:

3.1. Date of incident is 21/12/2013. After having dinner, Appellant and PW-1 left the house and Jana with the two children went to sleep. Appellant returned in an inebriated state at about 10:00 p.m. and started abusing Jana without any reason. When she questioned him, he got annoyed and poured kerosene from a bottle on Jana, set her ablaze and left the house. Chandrakant woke up on hearing her screams and immediately rushed to call PW-1 next door. PW-1 with the help of villagers extinguished the fire and took her to Sub-District Hospital, Mangaon for treatment. While in hospital PW-6, PSO S.K. Bhosale visited Jana and recorded her statement. On the basis of her statement, FIR (Exh. 32) was lodged and Crime No. 200/2013 registered with Mangaon Police Station, initially under Sec. 307 IPC.

3.2. Doctors in the hospital informed PW-1 to shift Jana to Mumbai for treatment. Since PW-1 did not have any money, he brought Jana back home, made arrangement of funds and on the following day got Jana admitted in Sion Hospital, Mumbai. Investigation of the offence was entrusted to PW-7 PSI S.K. Patil Investigating Officer, (for short "IO") who visited the spot of incident and prepared Spot panchnama (Exh. 34). He collected the injury certificate (Exh. 30) from Medical Officer of Sub-District Hospital, Mangaon. Jana expired on 28/12/2013 i.e. seven days after the incident. He also drew inquest panchanama (Exh. 41) after Jana's death and sent her body for postmortem. PW-4 Dr. Santosh Rathod conducted the autopsy and issued postmotem report (Exh. 20). Charge under Sec. 302 IPC was thereafter added.

4. After completing investigation, IO filed chargesheet in the Court of Judicial Magistrate First Class (JMFC), Mangaon. Since the offence is triable by the Court of Sessions under Sec. 302 IPC, JMFC, Mangaon committed the case to the Sessions Court for trial. Charge (Exh. 4) was framed against Appellant. Its contents were read over and explained to him in vernacular language. Appellant abjured the guilt and claimed to be tried. He pleaded total denial.

5. To bring the home guilt of Appellant, prosecution examined seven witnesses. Prosecution case is based on circumstantial evidence which comprises of two oral dying declarations, one written dying declaration (Exh. 32), medical evidence (Exh. 20, 21 and 28), spot panchnama and C.A. Reports (Exh. 52 and 57).

6. We have heard Mr. Swapnil Ovalekar, learned Advocate for Appellant and Mr. S.S Hulke, learned APP for State and with their able assistance perused the record of the case

7. PW-1 Waman Tanu Jadhav, first informant and father of Jana in his evidence has deposed that at about 12:00 midnight, Jana's sons rushed to his house and informed him that Jana was set ablaze. He rushed and doused the fire by pouring 2-3 buckets of water on her. At that time Appellant was not present in the house at the spot of incident. He has deposed that Jana was fully conscious and after the fire was extinguished, she told him that she is burnt. PW-1 took her to the Sub-District Hospital, Mangaon from where she was referred to be taken to Mumbai for further treatment. Since PW-1 did not have enough money, he brought back J