Gopal Krishan Vyas, J.

The instant cr. appeal has been filed by the appellant Vitthala @ Vitthal S/o Shanker, resident of Bhilwara under Section 374(2) of Cr.P.C. to challenge the judgment and order dated 23.1.2007 whereby the learned Addl. Sessions Judge (FT), Banswara convicted the accused appellant for offence under Section 302 and 498A IPC in Sessions Case No.66/2006 and following sentence was inflicted upon him:

Under Section 302 IPC	:	Sentenced to life imprisonment and to pay a fine of Rs.2,000/- and in default of payment of fine to further undergo 3 months simple imprisonment.
Under Section 498A	:	IPC Sentenced to undergo one year simple imprisonment and to pay a fine of Rs.1,000/- and in default of payment of fine to further undergo one month SI.

2. As per prosecution case on 15.7.2006 deceased Smt. Manju was admitted in the Mahatma Gandhi Hospital, Banswara where her statement Ex.P/4 was recorded at 11.15 pm by Shri Natu Lal ASI of Police Station, Kotwali, District Banswara. In the statement, the deceased Smt. Manju alleged that her husband Vitthala (present appellant) poured kerosene on her and lit fire and after litting fire her husband himself tried to save her, so also, neighbours were gathered to save her and immediately taken to the hospital for treatment.

3. The statement given by the deceased Smt. Manju in the hospital to the ASI of Police Station, Kotwali, Banswara were sent through Shri Bhan Ji ASI of Police Station Kalingara were who registered an FIR no.229/2006 on 16.7.2006 under Section 498A and 307 IPC vide Ex.P/5.

4. Before recording statement of deceased Smt. Manju on 15.7.2006 a letter (Ex. P/9) was given by the SHO, Police Station, Banswara to the Medical Officer, Mahatma Gandhi Hospital, Banswara to ascertain whether Smt. Manju is mentally fit to give her statement. The Medical Officer gave his opinion at 11.00 pm upon communication Ex.P/9 itself that medically she is fit to give statement. The Investigating Officer after registration of the FIR on 16.07.2006 first time prepared site plan on 26.7.2006 at 3.15 pm in presence of two witnesses Bheru Lal and Heera Lal. Smt. Manju died on 28.07.2006, therefore, after post mortem, the body of the deceased was handed over to the family members for cremation. Before death of Smt. Manju, an application (Ex.P/10) dated 15.07.2006 was moved by the SHO, Police Station, Kotwali, District Banswara to the CJM, Banswara for recording statement of Smt. Manju. In pursuance of the said application to the CJM on the same day, the ACJM, Banswara was directed to record dying declaration of Smt. Manju. The ACJM, Banswara recorded statement of deceased Smt. Manju on 16.7.2006 again after obtaining report from the Medical Officer upon dying declaration Ex.P/11. In the statement made by the deceased it is stated by her that her name is Manju and three years ago she is married with Vitthala and from there wedlock, there is no issue. Further, it is stated by her that my husband poured kerosene upon me and lit fire, so also, used filthy words, at the time of incident, no other person was in the house. In the dying declaration it is further stated by her that after litting fire my husband called his uncle Shanker and uncle of my husband Shanker and husband both took me in the hospital for treatment. According to the deceased, no other person in her in-laws house was harassing her nor there was any demand of dowry. The statement of deceased under Section 161 Cr.P.C. were also recorded on 19.7.2006 in which she reiterated the allegation of pouring kerosene upon her by present appellant but said that due to suspicion upon her character her husband was making quarrel. The deceased died after 13 days on 28.7.2006 at 10.15 am. The post mortem of the body was conducted by the Medical Board and vide post mortem report Ex.P/1