JUDGMENT :

S. RAVINDRA BHAT, J.

1. Special leave granted. The appellant (husband of the deceased) is aggrieved by his conviction under Section 498A of the Indian Penal Code (IPC) and the sentence imposed on him. His appeal, against the conviction and sentence in respect of that offence, was dismissed by the impugned judgment of the Madhya Pradesh High Court.

2. The prosecution alleged that on 23-04-2009 at 10:00 A.M. information was received from the hospital that a woman had been brought there by her husband (the appellant) in a burnt condition. At the request of Police Station Ashok Nagar District Ashoknagar, Guna, M.P. the medico legal certificate (MLC) of the injured Pushpa was issued. Her dying declaration was recorded.

3. On 23-04-2009, some burnt clothes smelling of kerosene oil, one chimani, one broken mangalsutra smelling of kerosene oil, a match box with “Anand” containing 3-4 match sticks were seized. A spot map too, was prepared. Statements of witnesses were recorded. The injured Pushpa succumbed to her injuries on 10-05-2009 in the district hospital, Guna. A post-mortem was conducted. The seized articles were sent for FSL. Police, after completing the investigation filed t