JUDGMENT

Madan B. Lokur, J.

1. The question for consideration is whether the dying declaration given by Kiran Bala to the effect that her husband (the appellant) had driven her to commit suicide should be accepted or not. The case of the appellant is that Kiran Bala accidentally caught fire and therefore it is not a case of suicide.

2. We agree with the concurrent view of the Trial Court and the High Court that Kiran Bala was driven to suicide by the appellant and as such his conviction and sentence under Section 304-B and Section 498-A of the Indian Penal Code (for short the IPC) should be upheld.

The facts:

3. The appellant Surinder Kumar and Kiran Bala were married some time in 1990-91. They have a female child.

4. On 28th April 1994 Kiran Bala was admitted to the Civil Hospital, Tanda, with burn injuries all over her body. Since her condition appeared to be serious, Dr. Kewal Singh the Medical Officer informed the Assistant Sub Inspector of Police, Mohinder Singh, through a memo, of her admission in the hospital with 90% burns.

5. Mohinder Singh went to the Tehsil Office to contact the Tehsildar who was also the Executive Magistrate. Finding that he was not available and since a Jud