(1.) Original accused Nos.1 and 2, who are held guilty for offence punishable under Section 302 read with 34 of I.P.C. and sentenced to life imprisonment, fine Rs.3000/= each, in default, rigorous imprisonment for one year by judgment and order dated 15.7.2006, challenge the said judgment, finding, conviction and sentence, by present appeal. Three accused persons, including acquitted accused No.3 Kondabai, were tried for offences punishable under Sections 498-A, 307, 302 read with 34 of I.P.C., by Additional Sessions Judge, Kandhar and the Sessions case No.59 of 2005 ended in conviction of the appellants, as described hereinabove.
(2.) Mahananda, victim of the incident, was the wife of accused No.1 Ramesh, accused No.2 Kishnabai is grand mother of Ramesh, accused No.3 Kondabai is mother of accused Ramesh. Ramesh was married with victim about one year before the alleged incident. The incident took place on 21.3.2005 at about 22.00 hours at Kurula, Taluka Kandhar, District Nanded. It was the contention of the victim that the grand mother-in-law poured kerosene upon her person and husband ignited her with match stick. After she was extinguished by the neighbours, husband and grand father-in-law initially took her to government hospital, Kurula and thereafter to Civil Hospital, Nanded. It appears that Mahananda survived nearly for two months after the incident and expired on 15.5.2005.
(3.) The prosecution has examined only six witnesses. PW-1 Shaikh Chand and PW-2 Madhukar are the witnesses to spot panchanama and both of them turned hostile. Parents of deceased Mahananda, namely, Uttam (PW-3) and Premalabi (PW-4) were examined for the purpose of proving oral dying declaration on record, made to them when they met the deceased in the hospital. Eventually, parents of the victim are also not with the prosecution and they were also declared hostile. The prosecution case, therefore, relies upon the two pillars, viz. deposition of PW-5 Ahmadoddin Farooqui, Special Judicial Magistrate, who recorded dying declaration (Exh.40) of the victim on 23.3.2005 between 15.10 to 15.45 hours, as requested by PSI Nagdare(P.W.6) and deposition of PW-6 PSI Nagdare who had himself recorded statement of the victim (Exh.43), which is treated as FIR. The statement was recorded on 23.3.2005 between 14.00 hours to 14.10 hours and it was registered with the police station as FIR at 20.05 hours, on the same day.