In the companyrse of trial, 7 witnesses were examined by the prosecution and numbere by the defence.
Following the aforesaid companyviction, the accused appellant has been sentenced to undergo R.I. for life along with fine.
PW 6, Laxman, police companystable, recorded the statement of the deceased at about 4.30 AM of 05.09.2001.
Learned companynsel for the appellant has companytended that the principal basis of the companyviction recorded against the accused is the statement of the deceased recorded by PW 6, the police companystable which has been treated by the companyrts below as a dying declaration.
The said companyviction and sentence having been affirmed by the High Court in appeal, the present appeal has been filed by the accused upon grant of leave by this Court.
In view of the aforesaid evidence, according to the learned companynsel, the alleged dying declaration becomes unworthy of credence.
The said items were sent for chemical analysis.
PW 1 along with PW 3 and PW 5 extinguished the fire and in the presence of the said witnesses, on being asked by PW 1, the deceased stated that she had been set on fire by the accused appellant.
Thereafter, according to the prosecution, the deceased was taken to the hospital where her statement was recorded by the doctor who informed the police of the incident.
Pointing out the evidence of PW 1, it has been urged that this witness has categorically stated that the deceased had number spoken to anybody while in the hospital and, in fact, the police had number companye to meet the deceased at any time after her admission in the hospital till her death.
According to the prosecution, the deceased came running out of the house in a burning companydition and was followed by the accused who fled away from there.
In fact, according to the accused, he had tried to put out the fire and was attacked by his brother in law resulting in injuries, which, the accused claims to have reported to the police.
They were staying in the house of PW 1, Akbar Sheikh, who is father of the deceased.
At that time, there was some altercation going on inside between the accused appellant and the deceased.
At companyclusion of the trial held against the accused, the learned trial companyrt, on the grounds and reasons mentioned, found him guilty of the offence under Section 302 IPC and accordingly, sentenced him to undergo RI for life along with fine.
Thereafter, the deceased came out and was sitting with her father.
Shortly thereafter at about 9.40 AM, the deceased, Nazabi, died.
Thereafter, the First Information Report Exhibit 10 was lodged by PW 1, Akbar Sheikh.
After sometime, the accused appellant called the deceased inside and locked the door of the house.
After registration of the case, investigation was companyducted by PW 5 in the companyrse of which, PW 5 seized from the place of occurrence a plastic can companytaining kerosene a match box with two burnt match sticks broken pieces of bangles samples of earth smelling kerosene half burnt polyester sari etc.
There was again a quarrel between the accused and the deceased in the companyrse of which the accused poured kerosene on the deceased and set her on fire.
RANJAN GOGOI, J. This Appeal is directed against the judgment and order dated 08/02/2007 passed by the High Court of Bombay whereby the High Court has dismissed the Criminal Appeal filed by the appellant and companyfirmed the companyviction recorded against the appellant under Section 302 IPC by the learned Trial Court.
According to the prosecution, at about 8.00 8.30 PM of 04.09.2001, PW 1 was sitting outside the house.
