1. The appellant seeks to assail the judgment an order dated 22.12.2009, delivered by the Additional Sessions Judge, Pusad, in Sessions Case 12 of 1999, by and under which the appellant (hereinafter referred to as “the accused”) is convicted for offence punishable under section 498A of the Indian Penal Code (“IPC” for short) and is sentenced to suffer rigorous imprisonment for one year and to payment of fine of Rs. 1,000/-.

2. Heard Shri N.A. Vyawahare, the learned counsel for the accused and Smt. Mayuri Deshmukh, the learned Additional Public Prosecutor for the State.

3. The accused faced trial for having committed offence punishable under section 302 of IPC by intentionally and knowingly causing the death of Sau. Pushpa. The learned Sessions Judge while acquitting the accused of the said charge, was pleased to convict the accused for offence punishable under section 498A of IPC on the premise that section 498A of IPC is a minor offence in relation to an offence under section 302 of IPC.

4. The accused was serving with the Health Department as “doctor for Influenza”. He entered into matrimonial alliance with deceased Pushpa in 1983. The accused and deceased Pushpa gave birth to three children, one of whom is examined in the trial as DW 1.

5. The gist of the prosecution case is that the accused was posted in village Paradh in the year 1998 and alongwith Pushpa and children was residing in a rented accommodation in the village. The accused developed intimacy with one Mankarna who was residing in the neighbourhood. The accused used to illtreat Pushpa and physically abuse her under the influence of liquor. The illicit relationship was the cause of quarrels between accused and Pushpa.

6. The accused came home in evening of 5.10.1998 in an inebriated condition. He assaulted deceased Pushpa with waist belt berating her for having quarreled with Mankarna. The accused then poured kerosene on deceased Pushpa and set her afire. Deceased Pushpa was admitted to Rural Hospital Pusad from where she was shifted to the Government Hospital Yavatmal. Deceased Pushpa insisted that her parent shift her to Chandrapur. She was then shifted to Government Hospital Chandrapur.

7. The Executive Magistrate recorded the dying declaration of deceased Pushpa on 27.10.1998 on the basis of which offence punishable under section 307 of IPC was registered against the accused. Investigations ensued, spot panchanama was drawn and on 4.11.1998, the Investigating Officer seized one kerosene can with some kerosene from the house of the accused. The statement of the deceased Pushpa was recorded by the Investigating Officer at Government Hospital, Chandrapur on 14.11.1998. Statements of other witnesses were recorded. Deceased Pushpa expired on 5.12.1998 and offence under section 302 of IPC was registered against the accused.

8. The learned Sessions Judge, to whom the Judicial Magistrate First Class committed the case, framed charge for offence under section 302 of IPC. The accused abjured guilt and claimed to be tried in accordance with law. The defence of the accused, as is discernible from the trend and tenor of the cross examination and the evidence of DW 1 is that deceased Pushpa was accidentally burnt.

9. PW 1 – Shobha is the mother of deceased Pushpa. She states that when she visited Government Hospital Yavatmal on being informed by Pushpa’s nephew of the incident, she noticed marks of beating on her back. She inquired from Pushpa about the incident and Pushpa was maintaining silence since accused and her in-laws were present. PW 1 states that she was asked by Pushpa to shift her to Chandrapur. PW 1 states that after Pushpa was shifted to the Chandrapur Hospital she disclosed that there were frequent quarrels between the accused and Pushpa due to the illicit relationship of the accused with Mankarna. PW 1 states that Pushpa disclosed that accused bolted the door of the house from inside, poured kerosene on her person and set her ablaze. She has further depose