- (1.)This appeal is by original accused (hereinafter referred to as "accused), who has been convicted by 5th Additional Sessions Judge, Ahmednagar, on 19.5.2000 in Sessions Case No.80/1999, for offence under Section 306 of the Indian Penal Code (IPC for short) and has been sentenced to suffer rigorous imprisonment for four years and to pay a fine of Rs.1000/-, in default to suffer further rigorous imprisonment for two months.
(2.)The case of prosecution in brief is that :-
(a) A.S.I. Laxman Kusalkar (P.W.7) of Kotwali Police Station, Ahmednagar, on 22.1.1995, received phone call from Civil Hospital, Ahmednagar that one Shabana Hamji Shaikh (hereinafter referred to as "victim) with burns was admitted to the hospital. This A.S.I. went to the hospital and after completing formalities, recorded the statement of Shabana, which was recorded as her dying declaration (Exhibit 32). On the same day, yet another dying declaration of Shabana was recorded by Special Executive Magistrate (P.W.2) Ruth w/o Shivaji Salve. In the dying declarations, in substance, Shabana (an unmarried woman) had informed that she was in love with the accused Shaikh Asif Ismail and both of them were residing together in a room in Pawarwada, Sherkar Lane, Maliwada. She informed that, she was working in a telephone booth of one Mande (P.W.5) and at about 3.30 p.m. on that day, her lover (accused) Asif had come and he had seen one Iqbal in the telephone booth. Accused alleged that the victim had some affair with that other person, and started quarreling. They later went home, but on the same count, there was further quarrel. She told her lover that if he suspects her, she will burn herself and so saying, she put kerosene on herself, but her lover did not stop her and so, by match stick, she burnt herself. Her lover had then tried to put out fire and brought her to hospital.

(b) On 23.1.1995, Head Constable Thaknath Jawale (P.W.8) received the dying declaration recorded by the Executive Magistrate and A.S.I. Kusalkar and he prepared spot panchanama and from the spot, seized articles like stove, burnt petticoat, match box and burnt match stick. He then gave report to P.S.I. Sonawane (P.W.4).

(c) The victim passed away while in the hospital on 24.1.1995 at about 8.00 p.m. Head Constable Jawale then gave report (Exhibit 9) and A.D. No.4/1995 under Section 174 of the Code of Criminal Procedure, 1973 (Cr.P.C. for short) was registered at 10.10 p.m. P.S.I. Benjamin Sonawane (P.W.4) prepared inquest panchanama (Exh. 10) and post mortem of the body was got done. The post mortem report (Exh. 24) showed 99% burns were there and she died due to the burn injuries. Statements of witnesses were recorded and thereafter P.W.4 Sonawane lodged complaint which was registered as F.I.R. (Exhibit 20) and crime was registered as 37/1995 under Section 306 of the Indian Penal Code against accused. P.S.I. Sonawane completed investigation and filed charge sheet in the Court of Chief Judicial Magistrate, Ahmednagar.

(3.)The offence being Sessions triable, the matter came to be committed to the Court of Sessions. Charge was framed against the appellant/ accused under Section 306 of the IPC. Prosecution brought on record evidence of 8 witnesses. The defence of the accused is of denial.