That on the day of the incident at about 9.30 p.m. the appellant had come home after consuming liquor and was giving abuses to the deceased. At that time, deceased Banabai was inside the house alongwith the children preparing food on stove. The deceased feared that the appellant would assault her and hence, she closed the door from inside. At that point of time, the appellant started shouting loudly from outside, the deceased told the appellant that he should beat her, she would pour kerosene on her. The second dying declaration records that despite this threat, the appellant started kicking the door and hence, the deceased poured kerosene on her so as to threaten the appellant. However, the appellant with the help of stone broke opened the door and entered the house and pulled her hair and started assaulting her with foot and fist. At that time there was no light in the house. The appellant picked up a burning candle and set her ablaze. That there was a big fire and hence looking at this her brother in law Shashibhau rushed and put a blanket on her so as to extinguish the fire. That the appellant had burnt his hand when he was trying to extinguish the fire. That it was the appellant who had burnt her for the reason that mother of the deceased was not paying Rs.5000/- as taken by her as also for the reason that he had kept one mistress named Soni.
