The trial companyrt as well as the High Court have taken the view on the basis of dying declaration that the act on the part of the accused showed his intention to companymit the murder or such bodily injury as was likely to result in her death.
There was petty quarrel between the appellant and the deceased Suman and in that quarrel the appellant hit her left knee with a water pot made of brass and thereafter threw a burning kerosene lamp upon her.
The brief facts leading to case are as under On 18.5.1998 at about 9 p.m., appellant accused Sayaji Hanmat Bankar came home under the influence of liquor and abused his wife deceased Suman.
It is established that he had received burn injuries to the extent of 18.
The medical report of the doctor showed that the deceased was burnt to the extent of 70.
The deceased was immediately taken to the hospital by her parents where her dying declaration was recorded.
In her dying declaration, it has also been mentioned that the accused appellant also tried to douse the fire.
During investigation the deceased gave the above version.
A dying declaration was recorded.
