P.N. Deshmukh, J.

1. This appeal takes exception to the judgment and order dated 10/9/1999 passed by learned Additional Sessions Judge, Wardha in Sessions Trial No. 185/1995 whereby appellant (hereinafter referred to as "accused") came to be convicted for the offences punishable under Sections 498A and 306 of Indian Penal Code and sentenced to suffer rigorous imprisonment for two years for the offence punishable under Section 498A of Indian Penal Code and for five years for the offence punishable under Section 306 of Indian Penal Code. Both the sentences are directed to run concurrently.

2. The prosecution case can be stated, in brief, as follows :

Deceased Pramila was married to accused in the year 1994. On 3/10/1994 Ashok Tiwari, Head Constable received information about admission of deceased in Hospital at Sevagram for sustaining burn injuries and thus, he visited Hospital and recorded her statement vide Exh. 33 on the same day at 4.30 p.m. On the strength of said statement, offence punishable under Section 498A of Indian Penal Code was registered vide Crime No. 0/1994 at Police Station, Sevagram and papers were sent to Police Station, Pulgaon for further action as incident had taken place within jurisdiction of said Police Station where Crime No. 248/1994 was registered. It is the further case of prosecution that on the same day, i.e. on 3/10/1994 P.W.11 Sulochana Nighade, Executive Magistrate recorded dying declaration at 4.40 p.m. (Exh. 41). In both the dying declarations, it is stated that accused had demanded dowry and entered into quarrel with deceased, due to which she committed suicide by pouring petrol on her person and set her on fire. She died in Hospital while taking treatment on 6/10/1994. After death of Pramila, offence punishable under Section 306 of Indian Penal Code came to be added in the present crime.

3. During the course of investigation, post mortem was performed wherein deceased is stated to have sustained 91% burn injuries and certified to have died due to septicemic shock as a result of extensive burns.

4. During the course of investigation, P.W.9 Vinod Parate, PSI visited the spot and drew spot panchanama (Exh. 18) and seized articles. After recording statements of witnesses, charge-sheet was filed in the Court of learned Judicial Magistrate, First Class, Pulgaon. In the course of time, case came to be committed to the Sessions Court for trial.

5. Charge was framed against accused for the offences punishable under Sections 498A and 306 of Indian Penal Code, to which he pleaded not guilty and claimed to be tried. The defence of accused is of total denial and that on the day of incident, he was on duty and no quarrel had taken place between him and his wife prior to incident. In the alternative, it is the case of accused that deceased had white patches on her body, due to which she used to remain nervous and, therefore, had committed suicide.

6. To establish charge levelled against accused, prosecution in all has examined as many as 12 witnesses and commenced its evidence by examining P.W.1 Balmukund Vyas, panch on spot panchanama (Exh. 18), P.W.2 Triveni Jawade, mother of deceased, P.W.3 Dnyaneshwar Misal, Head Constable, who on 4/10/1994 was attached to Police Station, Pulgaon and was on duty and received papers in Crime No. 0/1994 of Police Station, Sevagram and had registered offence vide Crime No. 248/1994 at Police Station, Pulgaon vide Exh. 21, P.W.4 Ravindra Jawade, brother of deceased, P.W.5 Sugandha Kambale, maternal aunt of deceased in whose evidence, letter (Exh. 26) came to be exhibited since referred in the cross-examination, P.W.6 Pramod Dhobe, who has acted as panch on spot panchanama along with P.W.1 Balmukund Vyas, P.W.7 Pralhad Sukhadeo, another panch witness in whose presence one plastic can came to be seized under panchanama (Exh. 30) having petrol smell on 9/10/1994 from the bathroom in the house of accused, P.W.8 Ashok Tiwari, Head Constable, Buckle No.849, who on issuing me