- (1.)The appellant in this appeal was found guilty of an offence punishable under Sec. 302 I.P.C. by the Additional Sessions Judge, Baroda and was sentenced to undergo imprisonment for life. His appeal against the said judgment and conviction to the High Court of Gujarat at Ahmedabad having failed, the appellant is before us.
(2.)Briefly stated prosection case is that due to quarrel between him and his wife, the appellant had set her on fire after beating her and pouring kerosene on 14-6-1997 at their residence, consequent to which she died on 15-6-1997 in the hospital. After the incident in question, it is the prosection case that she was taken to a primary Health Centre at Sankheda where P.W. 5-the doctor gave her the initial treatment. Since, her condition was very serious, he was requested by the police, who had by then come to the Health Centre, to record her dying declaration which the doctor did. This declaration is marked as Exh. 20. The said document was attested by the doctor but no thumb impression of the deceased was taken since the same could not be done because of the excessive burns in her body. In her dying declaration, she has stated that her husband was quarrelling with her and had beaten her the previous night and on the date of the incident at about 11 Oclock when she was cooking chapati, he poured kerosene and burnt her with a match stick and her clothes started burning and her body got burnt. She has also stated that she started shouting and later became unconscious. She further stated that she regained consciousness at Sankheda hospital, and was making a statement while conscious. She has also stated that she is an illiterate.
(3.)Most of the prosecution witnesses have not supported the prosecution case fully. The Sessions Court as well as the High Court having considered the dying declaration and relying upon the same and accepting the evidence of P.W. 5-the doctor, have convicted the appellant as stated above.