1. The appeal is filed against judgment and order of Sessions Case No. 10/1997, which was pending in the Court of Additional Sessions Judge, Nanded. The Trial Court has convicted and sentenced the appellant for offence punishable under section 306, 498-A of Indian Penal Code. This Court has heard both the sides and has perused the original record.

2. In short the facts leading to the institution of the appeal can be stated as follows:-

The deceased Gangasagar was a daughter of Govindrao Chibhade. She was given in marriage to appellant/accused on 5.6.1995. Immediately after the marriage, the accused started expressing that the deceased had become pregnant even prior to the marriage. For the satisfaction of the accused, the parents of the deceased took the deceased to the hospital of Dr. Smt. Bhalerao for medical examination. After medical examination, Dr. Bhalerao gave report that the deceased had not become pregnant. The accused was, however, not satisfied. The accused got examined the deceased medically from another doctor. This doctor also gave similar report. Accused was not satisfied with this report also.

3. The accused then started complaining that the deceased was suffering from white discharge, a kind of venereal disease. He started saying that the deceased may not be able to procreate a child for him due to the disease and she may also get disease like cancer due to this disease. For taking the deceased to doctor, he started demanding money from the parents of the deceased. On some occasions money was given, but the ill-treatment was not stopped by the accused. On few occasions, the deceased was taken to parent's house and she was kept there by her parents due to conduct of the accused.

4. The deceased used to disclose about the ill-treatment, which the accused was giving to her to her parents and other relatives. The deceased used to complain that the accused had illicit relations with a woman from Nanded. The accused used to tease her. She used to disclose that accused used to say her that due to white discharge, the deceased was not in a condition to conceive the child. She had sent a letter to her parents. Accused also use to send letters.

5. On 10.8.1996 at about 8.00 a.m. the accused started asking the deceased to go to the house of her parents. The deceased refused to do so. The accused then gave slap to the deceased and he confined her in the house by putting latch on the door from the outside. He then went to school, the place of his employment.

6. In the noon time, the deceased set herself on fire after pouring kerosene on her person. Due to her shouting, some neighbourers rushed to the spot. Call was given to police and she was shifted to Rural Hospital at Kandhar by police. It was at about 1.00 p.m. In Rural Hospital, the dying declaration of the deceased was recorded by one Head Constable and on the basis of this dying declaration, the crime at C.R.No. 93/96 came to be registered in Kandhar Police Station for offences punishable under sections 498-A of I.P.C. As it was a case of 100% burn, she was shifted to Civil Hospital, but she succumbed to injuries at about 8.50 p.m. on the same day.

7. P.S.I. Kinnarwad made investigation of the case. He prepared the spot panchanama in presence of the panch witnesses. During investigation, statements of parents of deceased came to be recorded. The father produced some letters, which were written by the deceased and the accused to him. The letters were seized under panchanama. The statements of some neighboures also came to be recorded. The P.M. report was collected and after completion of investigation, the chargesheet came to be filed for offences under sections 498-A and 306 of I.P.C. In Trial Court, the prosecution has examined 10 witnesses. The accused took the defence of total denial. The Trial Court has believed the evidence of the parents, the letters and also the dying declaration.

8. Govindrao (PW 1), the father of the deceased, has given evidence th