R.G. Avachat, J. - (1.) The challenge in this appeal is to the judgment and order dated 22.11.2013 passed by learned Additional Sessions Judge, Ambajogai, in Sessions Case No.25 of 2008. By the impugned judgment and order, the appellant herein has been convicted for the offence punishable under Section 302 r/w. Section 34 of the Indian Penal Code ("I.P.C.", for short) and sentenced to suffer life imprisonment and to pay a fine of Rs.2,000 /-. In default of payment of fine, he has been directed to undergo rigorous imprisonment for two months. Two more persons were charged and prosecuted along with the appellant herein for the same offence. Both of them have been acquitted. The State has not preferred appeal against their acquittal. In fact, one more accused was there. Since he was found to be a juvenile in conflict with law, has been dealt with by the Juvenile Justice Board.
(2.) The facts, in brief, giving rise to the present appeal are as follows :- Poonam (deceased) was a 16 year old girl studying in Class 10th. She hailed from village Sabla, Tq. Kaij, Dist. Beed. She had, however, been staying at her maternal grand-parents' home at village Kalegaon for schooling. She did not have maternal uncle. The parents of Poonam had migrated to Pune to eke out their living. The appellant - Niwas hailed from village Kalegaon. He would love Poonam. She had, however, spurned his advances. On 26.12.2007, Poonam was alone home. It was between 01.00 p.m. and 02.00 p.m. The appellant with his two/three friends (Sangharsh and Suresh) came Poonam's home. They questioned her as to why she did not love the appellant. The appellant on her reply, sprinkled kerosene on her person. One of the others accompanying the appellant, lighted match-stick and set Poonam ablaze. She raised cries. The appellant and others, therefore, ran away. Before leaving, they closed the door (not bolted). On hearing the cries, neighbors gathered. The grand-mother of Poonam (PW 4 - Avida) was away in the field. She too rushed home. On her enquiry with Poonam, she told to have been set ablaze by four boys. Poonam's grand-father was out of the village. The neighbors rushed Poonam to the Primary Health Centre, Kaij and then she was shifted to Swami Ramanand Tirth Rural College and Hospital, at Ambajogai (hereinafter referred to as "S.R.T.R. Hospital"). There is a police outpost at the premises of S.R.T.R. Hospital, at Ambajogai. Police Constable (PW 7 - Jyotiram) on duty, was informed. PW 7 - Jyotiram went to the ward wherein Poonam was admitted. On his request, the Medical Officer on duty examined Poonam and certified her to be fit and conscious to make a statement. PW 7 - Jyotiram recorded Poonam's statement (Exh.82). She told PW 7 - Jyotiram to have been set ablaze by the appellant and his two friends Sangharsh and Suresh. Poonam's statement was treated as first information report. Based on the same, crime for the offence under Section 307 of I.P.C. came to be registered. On the same day, the Taluka Executive Magistrate recorded Poonam's statement (Exh.93). Both the FIR and the statement became Poonam's dying declarations. The parents of Poonam came to the hospital. They were accompanied by Poonam's maternal aunt. On enquiry, Poonam stated them to have been set ablaze by the appellant, the acquitted accused and one Sangharsh (who has been dealt with by Juvenile Justice Board).
(3.) Investigation of the crime was taken up by PW 12 - P.S.I., Premnath. He visited the scene of offence and drew the scene of offence panchnama (Exh.65). Kerosene can and half burnt clothes came to be seized under Muddemal Pavati (Exh.2). On the next day, Poonam succumbed to burn injuries. Her dead body was subjected to post mortem, report whereof indicates that Poonam died of "shock due to burns". Offence of murder came to be registered replacing the offence under Section 307 of the I.P.C. PW 12 - A.S.I. Premnath, Investigating Officer, recorded statement of the persons connected with the facts and circumstances of the case. The articles taken charge of were forwarded to Regional Forensic Science Laboratory, Aurangabad, for analysis and report. On completion of investigation, charge-sheet was filed before the Court of learned Judicial Magistrate, First Class, Kaij, Dist. Beed. Learned Magistrate committed the case to the Court of the Additional Sessions Judge, Ambajogai. Learned Additional Sessions Judge, Ambajogai, framed Charge. The appellant and others pleaded not guilty. Their defence was of false implication. According to the appellant, Poonam might have committed suicide.;