- (1.)BY this appeal, the appellant-accused has challenged validity and legality of the judgment and order dated 1st March 2003 in Sessions Case No. 101 of 1996 passed by the 1st Ad-hoc Additional Sessions Judge, Pusad whereby the accused has been convicted for commission of offence of murder punishable under Section 302 of the Indian Penal Code and was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 500/-, in default, to suffer simple imprisonment of one month.
(2.)THE facts in brief are that deceased Kamal was married with appellant-accused Mohammad Afzal; they were living together in Shivaji Ward, Pusad and out of wedlock they were begotten with two children. The accusation is that the appellant had quarreled with deceased Kamal on 16. 5. 1996 at about 10. 15 p. m. and consequently he had poured kerosene oil all over her body after assaulting her, lighted a match-stick and set her on fire. In the result, Kamal had suffered extensive burns upto hundred percent. She was initially removed to Rural Hospital, Pusad from where she was referred to Civil Hospital, Yavatmal for further treatment. It is the case of the prosecution that during the course of investigation, three dying declarations were recorded. In her dying declaration (exhibit 76) recorded on 16. 5. 1995 at about 23. 00 hours by PSI Rathod (PW 11) in presence of panchas, Kamal stated that she had quarrel with her husband over expenses, her husband had poured kerosene on her body, set her on fire by a lighted matchstick and ran away. The fire was extinguished by persons in the neighbourhood and her mother and then she was brought to hospital. PW 11 PSI Rathod was informed about the incident by one Raja Mahesh Tiwari (PW 1, brother of deceased ). The second dying declaration was recorded by Executive Magistrate Shri Sidhu (PW 8) as per exhibit 65 on 16. 5. 1996 at about 23. 20 hours. The third and last dying declaration was recorded by Executive Magistrate Shri V. G. Poratkar (PW 6) as per exhibit 53.
(3.)FIRST Information Report (exhibit 96) was lodged as CR No. 157/96 at Pusad City Police Station on 17. 5. 1996 at 00. 20 hours under Section 307 of the Indian Penal Code. After death of Kamal, inquest was held between 17. 00 hours to 17. 45 hours on 17. 5. 1996 (exhibit 17 ). Spot panchanama was also drawn (exhibit 44) on 17. 5. 1996. The dead body was sent for post-mortem examination and post-mortem report (ex 72) was prepared. The accused was arrested on 24. 6. 1996. After completion of investigation he was chargesheeted before the Judicial Magistrate, First Class, Pusad and consequently, the case was committed to the Court of Sessions for trial according to law. Sessions Case No. 101 of 1996 was tried by 1st Ad-hoc Additional Sessions Judge, Pusad. Charge (exhibit 11) was framed and explained to the accused to which he pleaded not guilty and claimed to be tried. His plea was recorded at exhibit 12.