JUDGMENT

M.F. Saldanha, J. - This criminal appeal which once again concerns the familiar but unpalatable allegation of death of a married woman due to suicide raises a few interesting legal facets particularly with regard to the area of law concerning dying declarations. The deceased Meenakshi was married to the accused who apparently was a carpenter by profession in the year 1990 and the couple had one child. The prosecution alleges that the accused was in the habit of ill-treating the wife particularly because of his economic condition which, was further ruined due to his habit of gambling. There is not much evidence on record with regard to the causes for the ill-treatment other than the above one but the general allegation is to the effect that Meenakshi was pushed to a position whereby she was very close to desperation. On 3-11-1993 at about 8.30 P.M. Meenakshi's clothes were on fire and she was screaming for help. The door of the house was locked and the evidence of the neighbours who rushed to her assistance was to the effect that they had to force open the door and extinguish the flames with a blanket. Her one-and-half year old child was found there and she was crying. Ther