The present appeal is directed against the judgment and order of conviction passed by learned Additional Sessions Judge, Chandrapur in S.T. No. 163/1996, by which the learned Judge of the Court below convicted the appellant for the offence punishable under Sections 498A and 306 of the Indian Penal Code.

In respect of conviction under Section 498-A of Indian Penal Code, the appellant was directed to suffer R.I. for 1 year and 6 months and was directed to pay fine of Rs. 1000/- and in default of payment of fine to suffer R.I. for 6 months.

So far as, his conviction under Section 306 of the Indian Penal Code is concerned appellant was directed to suffer R.I. for 3 years and to pay fine of Rs. 2000/- and in default of payment of fine he was ordered to suffer further R.I. for one year.

2. The prosecution case as it is unfolded during the course of trial, is as under:

Ashok Govindrao Kshirsagar (PW3) on 16/4/1996 was attached to P.S. Ramnagar at Chandrapur as a police constable. His duty hours were from 8.00 p.m. of 16/4/1996 to 8.00 a.m. of 17/4/1996. While he was discharging his duty at about 2.30 a.m. he received a message from Police Control Room informing him that fire has erupted at Sindhi Colony, Ramnagar. A direction was given to him to visit spot alongwith duty officer. Accordingly duty officer Shri Sheikh, this prosecution witness and other police staff reached to the spot. During the course of their travel from police station to Sindhi Colony, Ramnagar the factum of fire was informed to Fire Brigade and also to police sub-inspector. When this staff reached to the spot they noticed that fire brigade was already reached there and steps were being taken to extinguish fire. The fire broke in the house of present appellant and first upper floor of the house was engulfed with such fire. Fire Brigade extinguished the fire. The door of the room was chained from inside. It was broken up. When P.C. Ashok (PW3) alongwith other police staff entered the room they found dead body of woman in complete charred condition and was lying along side the cot. The dead body was identified as dead body of wife of appellant and she was identified as “Harsha”.

3. Gopal Hemchandra Rupani (PW1), the brother of deceased Harsha reached to police station. That time Mohd. Hanif Sk. Shabbir (PW9) was Police Sub-Inspector of P.S. Ramnagar. Gopal (PW1) lodged his report (Exh.24). The gist of the FIR lodged by first informant Gopal (PW1) is as under:

His sister whose maiden name was Maya Rupani was married on 01/04/1994 with applicant. After 34 months of her marriage appellant and his mother started causing illtreatment to her in respect of dowry. She was beaten, she was abused by her mother in law and the appellant. That because of the beatings at the hands of the appellant and the mental harassment on the part of her mother in law his deceased sister was suffering from tremendous mental stress causing blood omitting. Though the treatment was given to her by appellant, there was no improvement. Resultantly, she was taken to K.E.M. Hospital, Mumbai. No person from the appellant side came to Mumbai. Thereafter first informant (PW1) and his sister came to Khamgaon, the parental city of deceased Harsha. On 29/2/1995 his other brother in law alognwith his sister dropped Harsha to her matrimonial house at Chandrapur. The F.I.R. further recites that thereafter again ill-treatment started causing again blood omitting. The fact of blood omitting was informed by the appellant therefore, first informant came to Chandrapur and took his sister to Khamgaon where she was administered some Ayurvedic medicines with treatment. That treatment was continued about 2 and ½ months at Khamgaon. Thereafter, as per request made by deceased she was taken to Chandrapur. It is stated in the F.I.R. that, that time appellant and mother in law of deceased did not allow her to enter into the house unless she gave in writing. Subsequently, again the deceased was brought to Khamgaon and