JUDGMENT/ORDER

ABHAY S.WAGHWASE, J. - Appellant / convict is questioning the Judgment and order passed by the Additional Sessions Judge, Vaijapur on 21/9/2015 in Sessions Case No.58 of 2013 by which appellant was held guilty for the offence punishable under Sec. 302 of the Indian Penal Code (IPC). PROSECUTION CASE IN THE TRIAL COURT

2. Deceased Sangita was married to accused. Merely after six months of the marriage, it is the case of the prosecution that, deceased was beaten by the accused while they were residing at Bhagoor. Accused was maintaining extramarital affair and was in constant touch with the said girl on phone. On 30/3/2013 accused received phone call shortly after midnight and thereafter, finding the accused husband talking with the girl, deceased Sangita questioned him. Enraged by the same, it is the case of the prosecution, that accused poured kerosene on her and ignited her. She suffered 90% to 94% burns. While she was being treated at the hospital, deceased gave two dying declarations on the strength of which Police registered crime initially under Sec. 307 of the IPC. Accused came to be arrested. While undergoing treatment deceased succumbed to the burns and therefo