(1.) Being aggrieved by the Judgment, in sessions Trial No. 65/2000 decided by the Judgment dated 28-6-2002, passed by the 2nd Additional Sessions Judge, Amravati, by which appellant was convicted for the offence punishable under section 302 of the Indian Penal Code and was sentenced to suffer, imprisonment for life and to pay fine of Rs. 1000/- and in default to suffer rigorous imprisonment for three months, he has preferred this appeal to challenge the same.
(2.) The appellant (accused) was prosecuted for the offence under section 302 of Indian Penal Code on the allegations that he had committed murder of his sister - deceased Indrakala by setting her on fire by pouring kerosene on her person on the date of incident i. e. on 24-12-1999 at about 6. 00 a. m. at village brahmanwada - Govindpur. It is the prosecution case that the deceased Indrakala, her other sister Gahukarna and mother - Banabai were living adjacent to the house of the accused who is her brother. There were disputes between them about the agricultural land. Prior to the date of incident, there was quarrel between the deceased-Indrakala and appellant-Dadarao. It is the case of the prosecution that on the date of the incident in the early morning at about 6. 00 a. m. , the deceased indrakala had gone for urine purpose in the courtyard of her house. Appellant-Dadarao came there, he poured kerosene on her person and set her on fire. Deceased Indrakala removed her saree of her own and after extinguishing fire she along with her sister went to the Police Station, Mahuli Jahagir, where she lodged report. Thereafter, she was taken to Irvin Hospital, Amravati. On the same day of her admission, P. S. I. Karegaonkar recorded her statement. Thereafter, on receiving a requisition from Irvin Hospital S. J. M. Sudhir Deshpande also recorded her dying declaration. Initially offence under section 307 of Indian penal Code was registered against the appellant - Dadarao. The Investigating officer then visited the spot of incident. He prepared spot panchnama and seized articles from the spot. Later on he arrested the appellant. The deceased-Indrakala, however, while taking the treatment died on 18-1-2000 due to the burn injuries in the Hospital. It may be mentioned that prior to her death one another dying declaration was recorded. As said Indrakala had died, the offence was converted into one under section 302 of Indian Penal Code.
(3.) After due investigation, the appellant came to be charge-sheeted for the offence punishable under section 302 of the Indian Penal Code in the court of judicial Magistrate, First Class, Amravati.