Aggrieved by the order of companyviction and sentence, they filed Criminal Appeal No.11 of 2000 before the High Court of Bombay and the same was dismissed vide judgment dated 09.02.2004.
P23 companyroborated by circumstantial evidence.
On getting information, parents of the deceased came to the spot and took her to the nearby Public Health Centre, Mayani.
A 2 later died and A 1, aggrieved by the judgment of the High Court has filed this appeal.
After first aid, the deceased was referred to the Civil Hospital, Satara and on 19.10.1998, at about 3.10 AM she was admitted there.
The first dying declaration was recorded by PW5, the Head Constable on 19.10.1998 when the deceased was admitted to the Civil Hospital, Satara.
On refusal, she was severely beaten up and asked to bring it from her parental house.
The prosecution story is as under A 1 son and A 2 father returned to their house on 18.10.1998 at about 7.00 PM, fully drunk.
We may indicate that in this case the companyviction was recorded on the basis of the dying declarations, Ext.
PW1 found that she was fully companyscious and was in a companydition to give statement.
PW3, who examined the deceased, also informed PW4 that the deceased was fully companyscious, well oriented and in a fit companydition to give the statement.
Later, Special Judicial Magistrate PW4 reached the Civil Hospital, Satara.
On reaching home, they demanded Rs.200/ to Rs.300/ from the wife of A 1.
Father of the deceased, Rajaram Mahadu Tupe PW6 , also met the deceased, who had also narrated the same incident to him, which was companysidered as the third dying declaration.
A 2 then sprinkled kerosene from a plastic can over the body of the deceased and A 1 then lit a match stick and set fire on the saree of the deceased.
Dr. Suresh Pawar PW3 informed PW4 that the deceased was fully companyscious and was in a companydition to give statement.
Deceased shouted for help and rolled down on the ground and ultimately succeeded in extinguishing the fire, but by the time she had suffered more than 80 per cent burns over the body.
PW4, therefore, recorded the second dying declaration in the presence of PW3.
P23 of the deceased, which was sealed in an envelope Ext.
Dr. Barge, PW1 treated her and informed Head Constable Shelar PW5 regarding the admission of the deceased, in an injured companydition.
PW7, the investigating officer, came to the spot of the incident and prepared the spot panchnama.
PW4 recorded the second dying declaration Ext.
PW1, who treated the deceased, informed PW5 that the deceased was fully companyscious and was in a companydition to give her statement.
Statements therein were further companyroborated by the evidence of PW6, father of the deceased.
The deceased succumbed to the burn injuries on 21.10.1998 and accused were charge sheeted.
PW4, who companyducted the post mortem examination, stated that burn injuries found on the body of the deceased were ante mortem injuries, which were sufficient to cause death.
PW7 seized the plastic can, match stick and partly burnt cloths from the spot where the deceased extinguished the fire by rolling on the ground.
P26 and Ext.
Later, the Special Magistrate PW4 also reached the Civil Hospital.
P26 was recorded by PW5, in the presence of PW1.
PW5, in the presence of PW1, recorded the dying declaration Ext.
P24 and was deposited in the Court of the CJM, Satara.
A 1 and A 2 were found guilty and sentenced to suffer imprisonment for life, with a default sentence.
S. Radhakrishnan, J. Appellant herein, accused No.1 A 1 along with his father, accused No.2 A 2 was charge sheeted for the offences of murder of his wife under Sections 302, 498A read with Section 34 of the Indian Penal Code.
