JUDGMENT :

Abhay S. Waghwase, J.

1. Conviction and sentence recorded by Additional Sessions Judge, Amalner, Dist.Jalgaon dated 11-05-2017 in Sessions Case No.5 of 2016 for offence under Section 302 of the Indian Penal Code (IPC) has resulted into filing of instant appeal by invoking Section 374 of the Code of Criminal Procedure thereby questioning the legality and sustainability of the impugned judgment.

CASE OF PROSECUTION IN BRIEF

2. Present appellant was chargesheeted by Amalner Police Station for commission of offence under Section 302, 504 of the IPC in the backdrop of FIR bearing 148 of 2015 registered on the strength of dying declaration Exh.25 recorded by a Lady Police Constable posted at Dhule City Police Station wherein deceased informed that her husband was addicted to liquor. Since 7-8 days prior to the occurrence, he was demanding money from her and on failure to meet the demand he abused her. Deceased gave statement that on 07-10-2015 at around 03:00 p.m. he again put up a demand of money for liquor, abused her and on refusal, sat on her, poured kerosene and thereafte