JUDGMENT :

Abhay S. Waghwase, J.

1. Judgment and order of conviction passed by the learned Sessions Judge, Jalna dated 21-03-2012 in Sessions Case No.121 of 2012, is taken exception to by the convict by invoking Section 374 of the Code of Criminal Procedure.

PROSECUTION CASE IN TRIAL COURT

2. In short story of prosecution is that on 09-03-2012 at 09:00 p.m., appellant visited the house of deceased Sushila and insisted her to give him liquor on credit. She refused and therefore, appellant got enraged, abused her, poured kerosene on her person and incinerated her. She was taken to the hospital on account of 50% of burns. While undergoing treatment, her dying declaration was recorded by PW5 Rathod (PHC) and was consequently made basis of registration of crime. She succumbed to burn injury.

Crime was entrusted to PW6 Baste (PI). He carried out investigation and filed challan against accused for commission of offence under Sections 307 and 302 of the Indian Penal Code (IPC). Learned Sessions Judge, Jalna conducted trial, appreciated the oral and documentary evidence adduced by the prosecution and finally reached to the conclusion that dying declaration Exh.29 and testimony of PW2 Kavita, dau