1. Heard.

2. The appellant stands convicted for the offence under Section 306 of IPC and has been sentenced to undergo RI for 7 years on account of commission of suicide by his wife Geeta Bai on 30.5.2007.

3. The appellant was married with Geeta Bai about 20 years back from the date of incident. The Gauna ceremony was performed 10 years before the incident. They had two sons and one daughter out of the wedlock. On the date of the incident, the appellant returned to the house at 10:30 p.m. in a state of intoxication and started beating his wife, therefore, she poured kerosene oil and set herself on fire. In the course of treatment, she succumbed to the severe burn injuries at about 3:30 a.m. on 31.5.2007.

4. The trial Court has convicted the appellant on the basis of the dying declaration of the deceased (Ex.P/13) proved by PW-8 Constable Jagmohan Panna and PW-10 D.K. Vahane, Naib Tehsildar, who recorded the dying declaration as also on the basis of statements made by PW-1 Kunwaria Bai, mother of the deceased, PW-2 Ram Naresh, brother of the deceased, PW-3 Ramdas, father of the deceased and PW-4 - Urmila Bai, cousin of the deceased.

5. Mr. Rakesh Pandey, learned counsel for th