ASHOK A.DESAI, J. - (1.)THE Additional Sessions Judge, Gr. Bombay, accepting the dying declaration, marked as Exhibit -5, recorded the finding of conviction against the appellant/accused for having committed murder of his wife Baina by setting her on fire on 11.9.92 at about 3.00 p.m. in their residential premises. Baina, before her death, has tendered 3 dying declarations which are consistent and implicate the accused as a person responsible for homicidal death.
(2.)THE sum and substance of the dying declaration is that her husband was addicted to liquor and mostly doing pick pocketing. She used to do miscellaneous work and usually used to collect scrap. Her husband always harassed her for extracting money for consuming liquor. On the date of incident, her husband again started abusing and started demanding money. He assaulted her. Baina (deceased) therefore, poured kerosene on her person with a threat that she may commit suicide. Thereupon, the appellant/accused lighted match stick and threw it on the person of Baina. Her clothes caught fire, she started shouting. Accused made attempt to extinguish the fire with a gunny bag. Their relatives removed her to the hospital. It is noticed that she sustained 55 per cent of burn injuries and ultimately she died after 5 days.
The question of involvement of the accused in the incident setting Baina on fire hardly could be debated.

(3.)THE only question was what was the nature of offence? Defence tried to urge that the offence could not be punishable under Section 302 IPC for the following reasons: -
(a) That Baina herself poured kerosene on her person: (b) Throwing lighted match stick could be mischievous act or the act to cause bodily injuries; (c) The accused himself tried to extinguish the fire; (d) Baina suffered only 55 percent of burn; (e) Baina died after 5 days. In view of this, the submission is, there could be neither intention nor knowledge to cause the death. The act as a previous background of quarrel was in the heat of passion and sudden.