V.S. Sirpurkar, J. - (1.) Challenge in this appeal is to the judgment dated 11.8.2004 in Criminal Appeal No. 319 of 2000 passed by the High Court of Bombay affirming the judgment and order dated 6.3.2000 passed by the trial court by which the Appellant was convicted for the offence under Section 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 2000/- in default to undergo further rigorous imprisonment for one year.
(2.) The brief facts leading to case are as under: On 18.5.1998 at about 9 p.m., Appellant-accused Sayaji Hanmat Bankar came home under the influence of liquor and abused his wife deceased-Suman. There was petty quarrel between the Appellant and the deceased Suman and in that quarrel the Appellant hit her left knee with a water pot made of brass and thereafter threw a burning kerosene lamp upon her. At that time, she was wearing nylon sari which immediately caught fire and she was engulfed by flames. The deceased was immediately taken to the hospital by her parents where her dying declaration was recorded. The medical report of the doctor showed that the deceased was burnt to the extent of 70%. A dying declaration was recorded. During investigation the deceased gave the above version. In her dying declaration, it has also been mentioned that the accused-Appellant also tried to douse the fire. It is established that he had received burn injuries to the extent of 18%.
(3.) The trial court as well as the High Court have taken the view on the basis of dying declaration that the act on the part of the accused showed his intention to commit the murder or such bodily injury as was likely to result in her death.;