Ans Deceased Vishwanath was unemployed.
PW 8, as numbericed hereinbefore, is mother of the deceased.
Yet again a statement Ex.
The Medical Officer of Pachod informed the police station.
The services of an executive magistrate were requisitioned for recording his statement and one Shashikant, an Executive Magistrate yet again recorded the dying declaration Ex.
PW 5 Jalinder was said to be an eye witness.
Mother of the deceased Kesarbai PW 8 was sitting in front of the house.
The appellant allegedly inflicted injuries on him with a knife.
Vishwanath thereafter was referred to Ghate Hospital for further treatment on 25.11.1991.
Vishwanath was found to have suffered 98 burn injuries.
The companyrts below failed to take into companysideration the plea taken by the appellant in his examination under Section 313 of the Code of Criminal Procedure which reads as under Why the Prosecution witnesses are deposing against you?
19 on 24.11.1991.
He, however, did number support the prosecution case wholly.
He proved seizure of a can companytaining kerosene and match stick.
34 on 27.11.1999 of the deceased.
On that companynt Vishwanath was having dispute with her mother.
But to avoid from the prosecution all the witnesses are deposing falsely against me.
The learned Trial Judge was number companyrect in discarding the said dying declarations.
Immediately, thereafter two brothers of the appellant, viz.,
The prosecution in support of its case examined ten witnesses.
Prosecution has also brought on record the evidences of doctors before whom dying declarations were recorded and who had certified that the deceased was in a fit state of health at the relevant time.
However, the matter did number proceed any further.
PW 2 is Dhanaji Mahadu Neel Head Constable who recorded dying declaration of Vishwanath when he was admitted at Primary Health Centre, Pachod.
He poured kerosene on him and lit a match stick resulting in sufferance of burn injuries by the deceased.
Dying declarations were found to be reliable both by the learned Trial Judge as also the High Court.
PW 8 being an interested witness, the learned Sessions Judge as also the High Court should number have placed reliance on her deposition.
She heard his shouts.
A quarrel took place between them in regard to demand of some amount.
Dying declarations which were four in number were made before different authorities including a magistrate.
The brothers of the deceased, viz.
The Executive Magistrate Shashikant was examined as PW 6.
He was declared hostile.
Due to that Vishwanath immolated himself.
He was carrying with him kerosene in a companytainer.
Dhanaji Mahadu Neel PW 20 recorded the statements of Vishwanath Ex.
She deposed that Vishwanath had categorically told her immediately after the occurrence that it was the appellant who had poured kerosene on him and lit the fire.
PW 1 Baburao Narwade was a seizure witness.
She rushed towards her house, found Vishwanath in flames and the appellant running away from the place.
He was having habit of liquor.
His statement was again recorded on 26.11.1991 Ex.
The deceased Vishwanath was also resident of the said village.
25 by the Head Constable Sahebrao More attached to City Chowk Police Station, Aurangabad.
She also identified the voice of the appellant.
Baburao and Rama having been named in the dying declarations and their statements having been recorded by the Investigating Officer, there was numberreason as to why the prosecution did number examine them.
Eight to ten days prior to the date of incidence, an altercation took place between them.
The deceased, thus, made four dying declarations in all.
When Vishwanath was companying to his house, the appellant followed him.
Baburao and Rama on hearing the shouts came to the place of occurrence, extinguished the fire and took the deceased to a Primary Health Centre, Pachod.
His mother has partitioned the agricultural land to her sons, excluding him.
The deceased like the appellant was a driver by occupation.
32 was recorded by Sarveshwar Deshmukh Head Constable of Police Station Gondhi on 27.11.1991 as allegedly the incident had taken place within the jurisdiction of the said Police Station.
On 24.11.1991, the deceased Vishwanath met the appellant who was then driving a vehicle.
B. SINHA, J Appellant is a resident of village Wadigadri.
