- (1.)The Appellant / original accused has questioned the correctness of the judgment and order dated 28 November 2006 passed by the Learned Additional Sessions Judge, Gadhinglaj, District Kolhapur, thereby convicting him for offence punishable under Sections 302 and 506 of the Indian Penal Code and sentencing him to suffer imprisonment for life and to pay fine of Rs.1,000/-, in default of which to undergo further rigorous imprisonment for six months. The Learned Trial Court has further convicted the Appellant for an offence under Section 506 of the Indian Penal Code, thereby sentencing him to suffer rigorous imprisonment for two years and to pay fine of Rs.500/- , in default of which to further undergo rigorous imprisonment for three months.
(2.)The facts in brief which emerged from the record and which are necessary for deciding the present Appeal can be summarized thus :
i) P.W.8 -Assistant Sub-Inspector Vilas Dongare was then attached to Juna Rajwada Police Station, Kolhapur. On 6 and 7 June 2004, he was deployed on duty at C.P.R. Hospital from 8.00 a.m. to 8.00 p.m. On 7 June 2004, he was on duty when victim Laxmi Appasaheb Gurav, a lady from Gadhinglaj Taluka was admitted in C.P.R. Hospital in burnt condition. P.W.8 ASI Vilas Dongare thereafter on 7 June 2004 recorded her dying declaration. Before and after recording the dying declaration on 7 June 2004, P.W.10 Dr. Mahendra Phalke put his endorsement that the patient was in a fit state of mind to give statement.

ii) P.W.8 ASI Vilas Dongare initially effected an entry in respect of the said incident in MLC register at C.P.R. Hospital. The dying declaration recorded by P.W.8 ASI Vilas Dongare is at Exhibit 45. After recording the dying declaration P.W.8 ASI Vilas Dongare prepared a report in the name of Police Inspector, Gadhinglaj, as the incident in question had taken place within the jurisdiction of Gadhinglaj Police Station and along with the said report he submitted the dying declaration before Laxmipuri Police Station as C.P.R. Hospital was situated within the jurisdiction of Laxmipuri Police Station. The report submitted by P.W.8 ASI Vilas Dongare is at Exhibit 46.

iii) P.W.9 Police Sub-Inspector Shivaji Bhosale, was then attached to Gadhinglaj Police Station. On 7 June 2004 he received the dying declaration recorded at C.P.R. Hospital by P.W.8 - A.S.I. Vilas Dongare of Juna Rajwada Police Station along with his report and papers pertaining to the treatment given to the Appellant Appasaheb Gurav. On the basis of the dying declaration recorded by P.W.8 A.S.I. Dongare, initially an offence bearing Crime No.0 of 2004 under Section 307 of the Indian Penal Code was registered against the Appellant at Laxmipuri Police Station, Kolhapur. However, as the place of offence was within the jurisdiction of Gadhinglaj Police Station, the relevant documents were sent to Gadhinglaj Police Station. On the basis of the documents which were received by the Gadhinglaj Police Station, Police Head Constable Shewale registered Crime No.67 of 2004 against the Appellant. After registration of crime at the Gadhinglaj Police Station, the investigation of the said crime was entrusted to P.W.9 P.S.I. Shivaji Bhosale.

iv) On 7 June 2004 itself P.W.9 P.S.I. Shivaji Bhosale visited the place of occurrence and prepared the spot Panchanama in the presence of pancha witnesses. He seized the necessary and required articles for the purpose of investigation. The spot Panchanama i.e. the scene of occurrence Panchanama is at Exhibit 55. P.W.9 P.S.I. Bhosale thereafter recorded the statements of necessary and relevant witnesses. On 7 June 2004 itself P.W.9 P.S.I. Bhosale arrested the Appellant in connection with the crime. The arrest Panchanama of the Appellant is at Exhibit 60. He thereafter referred the Appellant for medical examination. The victim Laxmi Appasaheb Gurav i.e. the wife of the Appellant expired on 10 June 2004 while taking treatment at the C.P.R. Hospital. P.W.9 P.S.I. Bhosale thereafter conducted the inquest Panchanama. He collected the necessary and required documents such as cause of death certificate and report of postmortem examination from the concerned authority and added Section 302 to the original CR No.67 of 2004 of Gadhinglaj Police Station.

v) During the course of investigation, P.W.9 P.S.I. Bhosale recorded the statements of relatives of the deceased Laxmi. He also sent the necessary articles seized in the crime for the opinion to the Forensic Science Laboratory, Pune. The Chemical Analyzer's report was received by him and is at Exhibit 62. After completion of investigation, P.W.9 P.S.I. Bhosale submitted a charge-sheet under Sections 302 and 506 of the Indian Penal Code before the competent Court having jurisdiction.

(3.)P.W.11 Dr. Pravin Naik was then the Medical Officer attached to C.P.R. Hospital, Kolhapur and on 10 June 204 he along with Dr. Sangita Chunkikar conducted the postmortem examination on the dead body of Laxmi Appasaheb Gurav. During the postmortem examination, he noticed 60% superficial to deep burn injuries as per the diagram mentioned in column No.17 of the postmortem notes and it was associated with scattered pus all over and had a foul smell. During the internal examination he noticed as under :
"Oedima and congestion of -

1. Brain

2. Both lungs

3. Desophagus

4. Stomach

5. Intestine

6. Liver

7. Pancreas

8. Spleen

9. Kidneys"