JUDGMENT

SMT.VIBHA KANKANWADI, J. - The appellant is the original accused No.1 who was prosecuted in Sessions Case No.23 of 2013 before the learned Sessions Judge, Nanded. The appellant has been held guilty of committing offence punishable under Ss. 302 and 498-A of the Indian Penal Code, by Judgment and order dtd. 14/8/2014 by the learned Sessions Judge, Nanded, hence this Appeal.

2. Heard learned Advocate Mr. Bhosle appearing for the appellant and learned APP Mr. Dasalkar appearing for the respondent - State.

3. It has been vehemently submitted on behalf of the appellant that the allegation against the appellant is that he has committed murder of his wife by pouring kerosene on her person. In fact, at the time of trial, the brother and mother of the appellant were also made an accused, however, they have been acquitted. The offence came to be registered on the basis of the First Information Report (for short "FIR") which was in fact a dying declaration given by the deceased and initially the offence came to be registered under Sec. 307 and other Ss. , however, later on the informant succumbed to her injuries and therefore Sec. 302 of the Indian Penal Code came to be added. It is not