S.K.GANGELE J. - (1.)Appellant has filed this appeal against the judgment dated 27/02/2008 passed in Sessions Trial No. 283/2007.
(2.)Prosecution story in brief is that on 11/07/2007 at around 10.45 in the night, deceased was in her house alone, appellant entered in the house after breaking doors. He caught hold her hand and when the deceased resisted, appellant poured kerosene and ablaze her. After hearing cry neighbours of the deceased came there and report of the incident was lodged at the Police Station. Deceased was admitted in Civil Hospital, Beena. She was died after seven days of the incident i.e. on 18/07/2007 due to septicemia and other complications developed due to burn injuries. Police conducted investigation and filed charge-sheet. Appellant abjured his guilt and pleaded innocence. The trial court after trial held the appellant guilty for commission of offence punishable under Sections 450, 354 and 302 of IPC and awarded sentence of five years, one year and life with fine of Rs. 500/- (two counts).
(3.)Learned counsel for the appellant has submitted that conviction of appellant is based on sole dying declaration of the deceased, however, evidence is not sufficient to hold appellant guilty for commission of offence of murder beyond reasonable doubt. In alternate learned counsel for the appellant has submitted that deceased was died after seven days of the incident due to septicemia as per evidence of doctor who performed postmortem, hence, offence committed by the appellant would fall under Section 304 Part I of IPC.