K.T.THOMAS, J.

(1) APPELLANT was charged and tried for the offence under Section 306 of the Indian Penal Code. The trial Court convicted him and sentenced him to undergo rigorous imprisonment for 5 years and to pay a fine of Rs. 2,000.00 (in default of which he was to undergo imprisonment for 3 months). The High court while dealing with his appeal found that the offence under Section 306, Indian Penal Code was not made out as it could not be held that death of the deceased was due to commission of suicide. Nonetheless, the High Court proceeded to consider whether any other offence has been made out and ultimately found that appellant is guilty of the offence under Section 498A of the Indian Penal Code. He was convicted thereunder and was sentenced to undergo rigorous imprisonment for 3 years. The said judgment of the High Court is now under challenge before us by special leave.

(2) FACTS of the case are as under : Appellant was the husband of Damyanti. Their marriage was solemnised on 2/06/1990. The matrimonial life was short lived as she died of bums on 16/11/1990. Appellant informed the police on 14/11/1990 that his wife suffered burn injuries. Subseq