VIMALBAI VITTHAL DHAVNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Appeal is directed against the judgment and order of sentence passed in Sessions Case No.89/2008 dtd. 8/3/2010 by Additional Sessions Judge, Buldhana convicting the accused Vimalbai Vitthal Dhavne of the offence punishable under Sec. 302 of the Indian Penal Code and sentenced to imprisonment to life and to pay fine Rs.5,000.00 in default to suffer simple imprisonment for three months.

(2.) Brief facts of the prosecution case emerges from the Police papers and recorded evidence are as under:

(3.) Heard Mr. Daga, learned Counsel for the Appellant/ accused, who submitted that the entire case of the prosecution relied upon two dying declarations which are inconsistent in all material particulars. Prior to recording of dying declarations, oral dying declaration is to the extent of accidental injuries caused by her due to falling of kerosene can and catching fire. The first dying declaration recorded by PW-4/Devanand Bagade which shows that, the accused poured kerosene on her person and her husband set her on fire and kerosene can was brought by her sister-in-law, whereas in second dying declaration recorded by PW-8/Naib Tahsildar, she alleges that it was the present accused who poured kerosene on her person and set her ablaze by igniting the match stick.