- (1.) The appellants, who stand convicted for an offence punishable under Sections 302 and 452 read with Section 34 of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 1,000 (rupees one thousand only) by each of them, in default of which to undergo further S.I. for one month with no separate sentence for the offence punishable under Section 452 read with Section 34 of the Indian Penal Code, by the Additional Sessions Judge, Darwha; by judgment dated 4.7.2006, in Sessions Trial No. 265 of 2004, by this Appeal questions the correctness of their conviction and sentence.
(2.) Facts, in brief, as are necessary for the decision of this Appeal may, briefly, be stated thus: PW9 ASI Bhikusing Pawar, who on 2.10.2003. was attached to Darwha Police Station received a memo from the Medical Officer, Cottage Hospital, Darwha at about 11.05 a.m. about admission of injured Lata in the hospital with burns. Ex. 37 is the said memo received by PW9 ASI Pawar. On the basis of the said memo. PW9ASI Pawar, issued a requisition at Ex. 48 to the Tahsildar, Darwha for recording the dying declaration of injured Lata. On the same day at about 12.50 p.m., the Police Constable Bandu came to the Police Station and handed over a dying declaration of Lata to PW9 ASI Pawar. On the basis of the said dying declaration, PV/9 ASI Pawar registered an offence vide Crime No. 160 of 2003. under Section 307 read with Section 34 of the Indian Penal Code against the accused. The printed FIR is at Ex. 88. After registration of the offence, the investigation was handed over to PW12 PSI Akaram Pawar, PW12 PSI Akaram Pawar, who was also attached to the Darwha Police Station, received the case dairy of Crime No. 160 of 2003 on 2.10.2003. He, accordingly, proceeded to village Telgavhan, i.e. the scene of the incident, and in the presence of panchas drew the scene of the offence panchanama at Ex. 83. From the scene of the offence he seized partially burnt cover of mattress, burnt pieces of quilt, burnt pieces of quilt and burnt pieces of sari and petticoat, one plastic can containing about 50 grams of kerosene and one match box. The accused who were present in the village were arrested under arrest panchanamas at Exs. 58. 58A and 58B. On the next day i.e. on 3.10.2003, PW 12 PSI Pawar proceeded to the General Hospital at Yeotmal and recorded the statement of injured Lata at Ex. 101. The statement of ether witnesses were also recorded. It appears that Lata succumbed to her injuries and on 7.10.2003. PW 12 ASI Pawar received the case papers in respect of death of Lata i.e. A.D. No. 2003 from police Station Yeotmal. On the basis of the said documents and with the permission of the Judicial Magistrate First Class, Darwha, Section 302 of the Indian Penal Code was added. The seized property was referred to the Chemical Analyzer. Nagpur. on 16.10.2003 and further to the completion of investigation, a charge sheet against the accused was filed.
(3.) On committal of the case to the Court of . Sessions. Trial Court vide Ex. 29 framed the charge against the accused for the offences punishable under Sections 452 and 302 read with Section 34 of the Indian Penal Code. The accused denied their guilt and claimed to be tried. Prosecution in support of its case examined 12 witnesses. The trial Court upon appreciation of the evidence of the prosecution convicted and sentenced the accused as afore stated:;