V. G. Bisht, J. - (1.) This Appeal is filed by the State challenging the judgment and order of acquittal dated 16th August, 2003 passed in Sessions Case No. 117 of 2002 by learned Sessions Judge, Nashik, for the offence punishable under Sections 302 of the Indian Penal Code (for short "IPC").
(2.) Briefly stated, the prosecution case is as under: (a) On 18/04/2002 PW-9 PI Ramesh Nimbaji Patil was attached to Ghoti Police Station. He received a message from Ghoti Rural Hospital regarding admission of Chandrakala (since deceased) having suffered burn injuries. He rushed to Ghoti Rural Hospital and with the help of Medical Officer (PW-5) recorded the statement of of the deceased. (b) It appears from the statement of the deceased that on 18/04/2002 the deceased along with her husband, namely, Balu Valu Choudhari (accused) and her savat ( a rival wife) Manda were residing at Khambale, Taluka-Igatpuri. At about 10-00 a.m. while the deceased was going to work in the field of her uncle,namely, Pandharinath Choudhary, the accused passed remark 1 The deceased asked the accused not to speak wrong things and that since he does not bring the essentials for the use of house whether she should remain starved. After hearing this, it is alleged, the accused got annoyed and told her that he would kill her and then he brought a can of Kerosene, poured on her person, set her ablazed and ran away. (c) It then appears from the record that on the basis of the said statement-cum-dying declaration, PW-9 registered the offence vide CR No. 47 of 2002 under Section 307 of the IPC. However, during the course of treatment the deceased succumbed to the burn injuries and therefore, the offence under Section 307 came to be converted into an offence under Section 302 of the IPC.
(3.) To substantiate the charge against the respondent-accused, the prosecution has examined as many as 9 witnesses and exhibited number of documents. The respondent-accused was questioned under Section 313 of the Code of Criminal Procedure (for short, 'Cr.P.C.') about the incriminating evidence and circumstances appearing against him and he denied all of them as false. According to him, a false case is filed against him.;