There was some quarrel between the accused and the deceased.
At about midnight on 9.7.78 the accused went to her cabin and sprinkled kerosene oil on her and set fire to her clothes and then fled.
The State preferred an appeal.
P.W. 2 recorded her statement which is the first dying declaration in the case.
P.W. 3, the Taluka Magistrate went to the spot and he also recorded the dying declaration.
P.W. 2 shifted her to the hospital and he himself went to the police station and gave a report.
The said Patavala Motibhai went and informed the Medical Officer, P.W. 2 of the Government Hospital who immediately ran to the spot and separated the burnt clothes from her body and gave first aid.
The learned Sessions Judge was number prepared to act upon the dying declarations and accordingly acquitted the appellant.
Hence the present appeal.
The police Jamadar also recorded her statement in the hospital which is yet another dying declaration in the case.
The High Court allowed the appeal and companyvicted the appellant under Section 302 I.P.C. and sentenced him to undergo imprisonment for life.
The deceased ran from her cabin inside the companypound of the maternity hospital raising cries.
One Patavala Motibhai came there and put a quilt on her body.
He questioned as to who had set lire and the deceased replied that the accused was the culprit.
The case rested mainly on the dying declarations recorded by the Doctor and the Magistrate.
She developed illicit intimacy with the accused.
The deceased aged about 40 years was the widow of one Savaji and was living in a wooden cabin near the maternity hospital in Harij and she was maintaining herself by doing casual work in the maternity hospital.
It is also his submission that P.W. 3 the Executive Magistrate who recorded the second dying declaration did number record the same in the form of questions and answers and the statement recorded by him cannot be taken to be the true version alleged to have been given by the deceased.
He was tried for an offence punishable under Section 302 I.P.C. The gravamen of the charge was that on the night of 9.7.78 at mid night he poured kerosene oil on Bai Gauri the deceased in this case and set fire as a result of which she died on the next day.
Her grown up children were dissatisfied with her character and other members of her companymunity were also dissatisfied.
P.C. read with Section 2 of the Supreme Court Enlargement of Criminal Appellate Jurisdiction Act, 1970.
Jayachandra Reddy, J. This is an appeal under Section 379 Cr.
By that time information was sent to the Taluka Magistrate with a request to record the dying declaration.
The sole accused is the appellant before us.
Since then she was living alone in the wooden cabin near the maternity hospital.
