V.L. Achliya, J.

Being aggrieved by the judgment and order dated 6th February, 2002 passed in Sessions Case No. 441 of 1999 by the 2nd Additional Sessions Judge, Aurangabad, the appellant/accused has preferred this appeal.

2. Briefly stated the facts unfolded during the course of trial are summarized as under:

(a) The appellant was put to trial to face charge under Section 498A, 306 of the Indian Penal Code with allegations that he had subjected his wife Bebitai (hereinafter referred to as the deceased) to cruelty and thereby abetted her to commit suicide.

(b) In nutshell, the prosecution has approached with the case that the marriage between the appellant - accused and Bebitai was solemnized in the year, 1986. The couple was blessed with three children which include two sons and one daughter. Immediately after the marriage, they started residing separately from parents. The accused got addicted to liquor and in the state of intoxication, he used to beat his wife Bebitai. On 29.4.1999, Bebitai was admitted in the Hospital with burn injuries. On 3.5.1999 Murlidhar Dandekar, Special Executive Magistrate (P.W.8) recorded her dying declaration (Exh.22). In her dying declaration (Exh.22), the deceased has disclosed that her husband always used to beat her under influence of liquor. On 29.4.1999, the accused has beaten her and therefore, at about 9 p.m., she poured kerosene on her person and set her ablaze. She was admitted in GHATI Hospital by her sister-in-law Sangita. On the basis of the dying declaration (Exh.22) recorded on 3.5.1999, ASI Mohmed Arif Sk. Afzal (P.W.7) - Station House Officer on duty attached to Police Station Khultabad registered the offence under Section 498A and 323 of IPC vide Crime No.68/1999. On 3.5.1999 at about 10.40 p.m. deceased succumbed to the burn injuries and an offence under section 305 IPC came to be added. Thereafter, PSI Anilsingh Gautam (P.W.6) attached to Police Station Khultabad conducted the investigation. Prior to him, Head Constable Namdeo Kawale had conducted the investigation. From 4.5.1999, PSI Anilsingh (P.W.6) conducted further investigation. He arrested the accused on 4.5.1999. He recorded statements of the witnesses such as Bharat Dapke (P.W.2) brother of the deceased, Tukaram Dapke father of the deceased, Kartik Dapke Sarpanch of the village. On conclusion of the investigation, it was transpired that the deceased committed suicide due to continuous ill-treatment and harassment at the hands of the accused. He, therefore, prepared the charge-sheet and filed it in the Court of J.M.F.C., Aurangabad. In due course, the case was assigned to the Court of Sessions at Aurangabad. On 20.11.2001 charge was framed against the accused under Section 498A and 306 of IPC. The accused pleaded not guilty and claimed to be tried. The appellant accused has taken defence of total denial. In nutshell, the case of the accused was that the deceased sustained burn injuries accidentally.

(c) In order to prove its case, the prosecution has examined nine witnesses. On conclusion of the trial, the Sessions Court has held the appellant guilty of the offence under Section 498A and 306 of IPC for committing an offence under section 498A of IPC, the appellant has been sentenced to suffer R.I. for one year and to pay a fine of Rs.500/- and in default of payment of fine, to undergo further R.I. for three months. For committing an offence u/s 306 IPC, the appellant has been sentenced to suffer R.I. for five years and to pay a fine of Rs.1000/-, in default of payment of fine, to undergo further R.I. for one year. Being aggrieved, the appellant has preferred this appeal.

3. I have heard the learned Counsel for the appellant and the learned Additional Public Prosecutor for the State and perused the record and the proceedings.

4. In order to prove its case, the prosecution has examined nine witnesses. The conviction of the appellant is mainly based upon the dying declaration (Exh.22) recorded by Murlidhar Dandekar (P.