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However, the woman succumbed to her injuries within hours.Based on the dying declaration, Kale and his mother were charged. The sessions court convicted the man but acquitted the elderly woman On April 20, 2010, Lilawati Kale, a resident of Manubai Jawala in Goerai tehsil of Beed district, was admitted to the Civil Hospital with severe burns. Police recorded her statement in the presence of an executive magistrate. AURANGABAD: The Aurangabad bench of the Bombay high court has set aside the life sentence awarded to a murder accused by the Beed sessions court in May 2013.A division bench comprising Justices R M Borde and A M Dhavale acquitted Sugriv Kale (49) saying that the dying declaration is not reliable and since there is no other evidence, the appellant deserves to be acquitted.Kale was charged with murdering his second wife by setting her ablaze while his 110-year-old mother, Narmadabai, with abetting the crime. During the trial in the sessions court, the man contested that his wife sustained serious burns after a kerosene lamp, pushed by a cat, fell on her.On the basis of evidence on record, the sessions judge discarded the contest by the accused, mainly on the ground that no kerosene lamp was found in the house at the time of panchanama and the dying declaration implicating the accused was recorded by the executive magistrate after following the due procedure.The sessions court sentenced Kale to life imprisonment, but found the evidence of abetment of the crime by Narmadabai doubtful and acquitted her.Defence lawyer Joy Chatterji contested before the high courta that it was Kale who not only rushed the victim to hospital, but also brought the matter to the notice of other family members.Chatterji pointed out that within a couple of hours of being admitted to hospital, the victim had given her statement to police that it was a cat that pushed the chimney and it fell on her saree.The lawyer argued that it was only after the woman's other relatives turned up at the hospital that she changed her statement and held her husband and mother-in-law responsible.After hearing both the sides, the high court took cognizance of the change in the statement of the woman and acquitted Kale.
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