Dying declarations can constitute sole evidence for conviction if found voluntary and truthful; the burden of proof for alibi rests solely with the appellant.

1. Appellant, his mother Gangaubai (accused no. 2), brother Balasaheb (accused No. 3) and sister inlaw Vandana (accused No. 4) were tried for the offences punishable under S.302, S.304B, S.498A read with S.34 of the Indian Penal Code (in short "the IPC"). Appellant is convicted of these offences. For the first offence he is sentenced to suffer imprisonment for life and to pay a fine of Rs. 1000/-. For the second offence, appellant is sentenced to suffer rigorous imprisonment for 10 years and, for the third offence, he is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 500/-. Sentence of fine carries default stipulation for non payment. Accused Nos. 2, 3 and 4 are acquitted of all the offences.

2. Facts of the prosecution case lie in a narrow compass. Rekha (since deceased) was daughter of Maroti Madhaorao Kadam of village Kohali, Paluda Hadgaon. She married appellant who is native of village Hastara, in the year 1998. At the time of marriage, her father had given Rs. 40,000 - / and other articles as per agreement between the parties. For first two years, the deceased was nicely treated. During this period, Vaishnavi was born. About two years prior to the incident, appellant and other accused started ill treating the deceased on the pretext that gold ring weighing five tolas promised to be given at the time of the marriage, was not given by her father. At the time of her visits to the parental house, deceased used to inform members of her family, uncle Jambuwantrao (PW 4), cousin grandfather Krishnarao (PW 1) and other near acquaintances about her plight. Her parents, however, maintained that they have given all the articles at the time of the marriage as per nuptial agreement.

3. On 21st May 2003 at about 5.00 o clock in the morning while the deceased was in the sitting room, on the instigation of accused Nos. 2, 3 and 4, the appellant poured kerosene over person of the deceased and set her on fire as she did not bring gold ring from her parents. The incident was witnessed by neighbours Savita and her husband Shivaji Solunke. The fire was extinguished by neighbours while the deceased was in the kitchen. After the incident accused No. 3 conveyed information regarding the episode to parents of the deceased. Thereafter, all the members of the family left the house.

4. On receipt of the information, parents of the deceased, her uncle Jambuwant (PW 4), cousin grandfather Krishnarao (PW 1) and some others came to the matrimonial house of the deceased at Hadgoan. The deceased was alone at the house. In reply to the queries, the deceased informed her relatives from parental side that on the instigation of her mother inlaw Gangubai, brother inlaw Balasaheb and sister inlaw Vandana, the appellant poured kerosene on her person at about 5.00 a.m. on that day and set on fire as she did not bring gold ring.

5. The deceased was then taken to Rural Hospital at Hadgaon at 10.20 a.m. Medical Officer Dr. Narayan Lokade (PW 6) found that the patient had suffered 90% burns. After giving first aid to the patient. PW 6 conveyed the information regarding admission of the burns patient to Hadgaon Police Station. In response. Head Constable Shrirame (since deceased) came to the hospital and recorded complaint of the deceased (Exh. 32) in presence of Rajaram Solanke (DW 1), maternal uncle of the deceased, after verifying from the Medical Officer that the deceased is in a fit mental state to make a statement. On the basis of this dying declaration offence under S.307 and S.498A of the IPC came to be registered. Head Constable then attached burnt polyester saree and blouse of the deceased under Panchnama (Exh. 54). P.S.O.