J. B. PARDIWALA, J.

1. This appeal is at the instance of a convict sentenced for the offence punishable under Section 302 of the Indian Penal Code and is directed against an order of conviction and sentence dated 28th June, 2007, passed by the learned Additional Sessions Judge. Fast Track Court No.5, Vyara, Dist. Surat, in Sessions Case No. 72 of 2006. By the aforesaid judgment and order, the learned Sessions Judge found the appellant-accused guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently sentenced her to suffer life imprisonment and to pay a fine of Rs. 500/- for the offence punishable under Section 302 of the IPC. In default of payment of fine, the appellant-accused was directed to undergo further simple imprisonment for one month.

2. The case made out by the prosecution may be summarized thus :-

2.1 The deceased Holkiben was the mother-in-law of the accused. On 3rd September, 2006, at around 19.00 hours, the accused picked up a quarrel with the deceased, alleging that the deceased was stealing articles of the accused. On such accusations being levelled by the accused against the deceased, a quarrel ensued between the two, resulting in exchange of words. The deceased tried to explain to the accused that she was not stealing any of her articles. However, the accused got enraged and when the deceased was preparing food, the accused is said to have poured kerosene on the body of the deceased and pushed the deceased in the fire of a hearth on which food was being cooked. As deceased fell in the fire, her clothes caught fire, as a result of which, the deceased sustained serious bum injuries all over the body. The deceased shouted for help and upon hearing her shouts, her son Chemabhai came running at the place of occurrence and covered the body of the deceased with quilt, thereby saving the deceased from getting further burnt. At that point of time, one Veljibhai Damabhai Chaudhary, Khushalbhai Nadiabhai and Bhatadiyabhai Bhiladaba, all residing in the neighbourhood also came running at the place of occurrence. Thereafter, the sons of the deceased Chemabhai and Chemtabhai and one of the daughters of the deceased named Sunitaben shifted the deceased to a hospital in a jeep. Chemabhai happens to be the husband' of the accused Lashuben.

2.2 On 4th September. 2006 at around 1.30 in the early morning, Police recorded the First Information Report of the deceased, Exh. 22, for the offence punishable under Section 307 of IPC. Thereafter, the Investigating Officer sent a yadi to the Executive Magistrate for the purpose of recording Dying Declaration of the deceased at Referral Hospital. Dying Declaration, Exh. 14 was recorded by the Executive Magistrate, wherein the deceased stated that at around 5 O'Clock in the evening on 3rd September, 2006, the accused sprinkled kerosene on her body and with a matchstick, set her on fire. The deceased further stated that thereafter the accused ran away from the place of occurrence: the son of the deceased, Chemabhai had gone to the agricultural field: there was altercation in words with the accused; and thereafter the accused sprinkled kerosene and ignited the matchstick. This was the version of the deceased in her Dying Declaration, Exh.14.

2.3 On 12th September, 2006, the deceased passed away. Her body was sent for postmortem and the postmortem revealed superficial to deep burns present on the face, chest right arm and forearm, right thigh to the extent of 55%. The cause of death assigned by the doctor who performed the postmortem of the deceased was septicemia and shock due to burns.

2.4 As the victim had died, later on, a yadi was written to add the offence punishable under Section 302 IPC.

2.5 On completion of the investigation. charge-sheet was made against the accused. As the case was exclusively triable by the Sessions court the learned Judicial Magistrate First Class, Vyara, committed the case to the Sessions Court, under Section 209 of the Code