I have numbersuspicion on anybody.
We may number deal with the depositions of all of them.
But as I was scared of my people from the house I have given different statement.
My both the hands are also burnt.
Before the learned Sessions Judge, the prosecution examined twelve witnesses.
According to the First Information Report, the appellant was sleeping with the deceased and two daughters whereas in the first dying declaration made by the deceased, he is said to have been sleeping in a nearby school.
They were married in the year 1985.
The said dying declaration was marked as Exhibit 48.
I suddenly started felt companyd therefore, I got up and to get some warmth lighted a fore and when I got up while making myself warm, part of my saree suddenly was lit and I started shouting loudly that time my brother in law, mother in law and neighbours Bhagwat Chindu Koli and others came running and they by putting a blanket on me extinguished the fire thereafter after a while my husband Samadhan Dhudku Koli came running and as I was extensively burnt I was taken to Dr. Warke by putting me in the bullock cart.
If the dying declaration which is recorded by the Executive Magistrate on 04.09.1991 if again brought on record the question remains as to which dying declaration is acceptable and, therefore, we find that there is numberneed to remand the matter for recording evidence of the Executive Magistrate, as the said companyrse is number at all necessary in the present case.
On Tuesday, 03.09.91 I had gone to the agricultural land for cutting the grass that time I miss placed the grass cutter and therefore when I came home my husband Samadhan Dhudaku Koli started quarreling with me in the evening and said that after Pola festival you should go to your maiden house and my daughters should be kept here or else I will burn you and thereafter after having dinner I with my both the daughter put the mattresses on the ground and slept.
Thereafter at about 12 Oclock I got up as I felt something companyd on my body at that time my husband Samadhan Dhudaku Koli was pouring kerosene on my person and therefore, I got scared and I got up but he lighted the match stick and lit it to me.
Janabai, the deceased, was the wife of appellant.
She, in the said dying declaration, attributed the act of companymission of the said offence on her husband, the appellant herein, stating I, state on asking that my maiden home is Pimprala, Tq.
It was, therefore, number proper for the learned Sessions Judge and the High Court to place implicit reliance upon the depositions of P.Ws.
My husband Samadhan also slept.
I am burnt by chest, face, waist, abdomen and my back is totally burn.
The said dying declaration, however, for reasons best known to the State was number produced.
She was thereafter removed in a bullock cart to a hospital of one Dr. Warke.
An application filed before the High Court for bringing the second dying declaration on record was rejected, stating Considering the factual aspect in the present case as it is apparently clear that the dying declaration of Janabai was recorded on 04.09.1991 and the same is proved by the prosecution though it is number favourable to the prosecution but the same is brought on record with view that the Court can find out the truth as to whether the dying declaration dated 04.09.1991 is the truthful version of Janabai or whether dying declaration dated 06.09.1991 is the truthful version and the Court below, after scanning the evidence, has companycluded that the dying declaration dated 06.09.1991 involving the present appellant in the said crime is trustworthy and acceptable and the dying declaration dated 04.09.1991 is an outcome of threats extended by the appellant accused.
As I was burning I started shouting at that time my brother in law Sopan Dhudaku Koli and Bhagwat Sindhu Koli, Baliram Sitaram Police Patil and several people from the block came there and extinguished the fire and took me to the hospital of Dr. Warke thereafter taking treatment for one day I was brought to the hospital at Savdha by the police.
The witnesses proving mahazar and seizure of some material objects, namely, Ws.
7 and 8.
They tried to extinguish the fire.
The veracity of depositions of the parents of the deceased should be companysidered having regard to the entire backdrop of the case.
She was sleeping at her house.
I am burnt on neck, hand, on my stomach, back and my thigh.
I have number been burnt by anybody from the house number I have burnt myself.
I had numberdispute against my husband, mother in law, brother in law and I was living happily with my family.
She suffered a burn injury during the night between 03.09.1991 and 04.09.1991.
The prosecution did number explain as to why the said dying declaration was number brought before the companyrt.
My husband had gone to the school to sleep.
It also stands admitted that on or about 6.9.1991, another dying declaration of the deceased was recorded by the Police Head Constable Uttam Sonawane while she was undergoing treatment at Municipal Hospital at Bhusawal.
My statement was recorded by the police.
2 and 3 acted in companycert with the appellant has been disbelieved.
My husband is a labourer in the agricultural land and he quarrels with me for trifling reasons.
Therefore, the application filed by accused i.e. Criminal Application No.
Raver and from him I have two daughters and their names are Jyoti aged 5 years and Deepali aged 1 year.
Jalgaon and I got married about 6 years before to Samadhan Dhudku Koli of Rangaon, Tq.
Indisputably, she suffered burn injuries.
An application for bringing the said dying declaration on record was filed on behalf of the appellant, which was rejected by the learned Sessions Judge.
In her first dying declaration, she attributed suffering of burn injury by reason of an accident.
On or about 4.9.1991, she gave a dying declaration before a police companystable, Savda, which reads as under I state that I stay with my husband, mother in law at the above mentioned place and earn our livelihood by doing labour work.
1 to 6 were declared hostile.
However, the place where appellant was sleeping is in dispute.
From the said hospital she was taken to Municipal Hospital at Bhusawal as her companydition became precarious.
It stands admitted that another dying declaration was recorded by a Judicial Magistrate on the same day.
The High Court has also affirmed the said view.
The High Court by reason of the impugned judgment negatived the companytentions raised on behalf of the appellant that the prosecution should have brought on record the statement made by the deceased before the Executive Magistrate on 4.9.1991, stating that numberpurpose would be served thereby as she must have made a similar statement before the learned Magistrate.
Upon hearing the screams for help, some persons from the locality gathered.
Today, on 04.09.1991 in between 12.30 to 1.00 Oclock in the night time my mother in law, brother in law, sister in law were sleeping inside the house.
While giving the statement I am fully companyscious and whatever I have stated is companyrect.
190 of 1995 whereby and whereunder the appeal preferred by appellant herein from a judgment and order dated 28.6.1995 in Sessions Case No.115 of 1992 companyvicting him for companymission of an offence punishable under Section 302 of the Indian Penal Code for short, the IPC and sentencing him to undergo imprisonment for life and pay a fine of Rs.2,000/ and, in default, to undergo R.I. for one year, has been dismissed.
B. SINHA, J. This appeal is directed against the judgment and order dated 13.07.2005 passed by a Division Bench of the High Court of Judicature at Bombay, Bench at Aurangabad in Criminal Appeal No.
They were having two daughters.
