At the time of incident, the companyple was gifted with two daughters, namely, Renuka and Chandrawwa.
Shabbir Gulab Mulla W. 1 who is the neighbour of the accused and victim, and Mohd.
The dying declaration was treated as an First Information Report by Miraj Police Station and the case was registered.
The investigation was carried out in parts by P.S.I. Shri Ramesh Bhokare P.W.6 and A.I.P. Shri.
He accordingly recorded statement of Satyawwa, only after obtaining opinion from Dr. M.G. Madhu Kumar between 6.30 a.m. to 7.00 a.m. on 5.10.1999.
Subhash Koli, Police Head Constable P.W.3 attached to Vishrambaug Police Station, was posted on duty at Civil Hospital.
But the daughters were staying in Indira Nagar locality of Sangli, where the parents of deceased Satyawwa were residing.
He had performed autopsy and by post mortem numberes he has recorded his opinion regarding cause of death due to Septicemia shock due to 95 of superficial to deep burns.
Baliram Waghchavre P.W.7 .
At this juncture, husband tried to remove saree from her person and in that process, he suffered burn injuries on both his hands.
Accused picked up kerosene tin from the house, poured it on her person and ignited her by using a match stick.
In support of the appeal learned companynsel for the appellant submitted that the evidence of doctor clearly indicated that the victim was number in a companydition to give dying declaration and that the statement was the result of tutoring.
As stated by Satyawwa before her death, accused husband was drunk he abruptly woke up at about 2.30 a.m. and started beating her and she got scared.
After admission of Satyawwa at about 4.00 a.m., intimation was sent by the hospital to the police station and therefore, he was instructed by the police officials to record the statement of patient.
The accused pleaded innocence, therefore trial was held.
Satyawwa and accused were staying at Visa Pure Galli Miraj.
The incident took place on the night of 4th and 5th October, 1999 at about 2.30 a.m. on 5th October, 1999.
Challenge in this appeal is to the judgment of a Division Bench of the Bombay High Court dismissing the appeal filed by the appellant who was companyvicted for offence punishable under Section 302 of the Indian Penal Code, 1860 in short the IPC and was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.100/ with default stipulation.
Dr. ARIJIT PASAYAT, J. Leave granted.
Dr. Nandkurnar Banage P.W.5 was the medical officer attached to Civil Hospital, Sangli at the material time.
Prosecution version in a nutshell is as follows Satyawwa hereinafter referred to as the deceased aged 28 years at the time of alleged incident was married to the accused about 15 years ago and it can be said that it was a child marriage.
Satyawwa succumbed to burn injuries at about 10 a.m. It appears that dying declaration was treated as an F.I.R. by Miraj police station, and Crime No.194 of 1999 was registered.
It is needless to say that the trial ended in companyviction by the judgment which was challenged before the High Court.
Hanif Dastgir P.W.2 , who is the landlord of the accused provided some details about the incident.
Stand of the accused appellant before the trial Court was that on the basis of the dying declaration the companyviction should number have been recorded.
She also stated that as the saree caught fire, she started shouting.
After companypletion of investigation charge sheet was filed.
The trial Court did number accept the plea.
Further, the deceased was number fit to make any statement and, therefore, the so called dying declaration is number trustworthy.
Neighbours also gathered and both were taken to Civil Hospital, Sangli in a rickshaw.
Apart from P.W.3 Subhash Koli Police Head Constable, Dr. Madhu Kumar P.W.4 Medical Officer was present when the patient was admitted and also when the dying declaration was recorded.
