The main legal point established in the judgment is the application of the principles of dying declaration and the definition of murder under Section 300 of the Indian Penal Code to determine the intention behind the act.

JUDGMENT

Vinay Joshi, J. - The judgment and order of conviction dated 19.07.2017 in Sessions Case No. 452/2014 led both convicts to file this appeal in terms of Section 374 of the Code of Criminal Procedure ('Code'). Both appellants (accused) have been convicted by the Trial Court for the offence of murder punishable under Section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life, and to pay fine of Rs.15,000/- each with default clause. The judgment and order of conviction is subject matter of challenge in this appeal.

2. In order to appreciate the rival contention of the parties and issues involved, it would be necessary to set out brief facts of the case, which gave rise to the present criminal appeal. Accused are husband and wife inter se whilst deceased was neighbouring resident. It emerges from the prosecution case that on 14.08.2014 around 04.00 p.m., there was quarrel in between accused No. 1 Vijay and deceased Vasanta. At relevant time, accused No. 2 Kirti brought a bottle containing kerosene from her house, accused No. 1 Vijay took the bottle and poured kerosene at the person of deceased Vasanta. While deceased Vasanta was proceeding his nearby house, accused No. 1 Vijay followed and threw matchstick at his person, on which Vasanta caught fire. The incident occurred in the courtyard of the house of deceased Vasanta. Since Vasanta was under flames, accused No. 1 Vijay immediately poured water at his person as well as covered him by bed-sheet. Nearby residents have shifted injured Vasanta to the Medical College Hospital, Nagpur. Vasanta was under treatment in the hospital, however he succumbed to 61% burn injuries on 21.08.2014.

3. On the date of incident, wife of deceased namely PW-6 Anita Sardare was away from her house. After knowing the incident, she rushed to the Hospital. In the late evening, she went to the concerned Police Station and lodged report. The Police have registered Crime No. 90/2014 initially for the offence punishable under Section 307 of the Indian Penal Code. On the same day, Police visited the place of occurrence and drew Panchanama of the scene of offence (Exh. 38). During the course of investigation, a bottle containing kerosene and clothes of deceased Vasanta were seized. On the very day, Police Officer sent a requisition letter to the Naib Tehsildar for recording statement of injured Vasanta who was under treatment. In pursuance of that, PW-8 Naib Tahesildar Mr. Nandkishor went to the hospital. He requested Medical Officer to examine the patient about his fitness to give statement. Medical Officer has examined Vasanta and endorsed about his fit condition to give statement. PW-8 Naib Tehsildar has recorded dying declaration of injured Vasanta (Exh. 59) on the same day.

4. On 21.08.2014, Vasanta succumbed to 61% burn injuries. Inquest Panchanama was drawn and autopsy was conducted. Cause of death was as 'septicemia due to burn injuries'. The Police recorded statement of necessary witnesses and after completion of investigation, filed final report in the Court of jurisdictional Magistrate.

5. The learned Additional Sessions Judge has framed charge against both accused. Since both of them denied the guilt, the prosecution has examined as many as 16 witnesses, to establish the guilt of accused. The prosecution also banks upon certain documents. The defence of the accused was of total denial and false implication. Relying on the evidence of eye-witnesses and dying declaration, the Trial Court held that the prosecution has proved the offence of murder against both accused and punished them as aforementioned.

6. The learned counsel appearing for the appellants/accused has straneously criticized the impugned judgment on two counts that the evidence on dying declaration was not truthful and worthy of credit. Secondly, the evidence of eye-witnesses is not reliable as their statements have been belatedly recorded and their conduct was unnatural. Besides that, it has been argued that th