JUDGMENT :

ARVIND SINGH CHANDEL, J.

1. This appeal is directed against the judgment dated 12.2.2002 passed by the Special Judge and Additional Sessions Judge, Durg in Sessions Trial No. 147 of 2000, whereby the Appellant has been convicted and sentenced as under:

2. According to the case of prosecution, the Appellant is husband of Mainabai (deceased). Their marriage was solemnised 3 years prior to the incident. After 1 year from the marriage, ill-treatment and cruelty started taking place with Mainabai by her husband/Appellant and her mother-in-law/co-accused Jaiwanbai (acquitted by the Trial Court). 1 week prior to the incident, Mainabai left her matrimonial house and went to her paternal house. There, she narrated the entire alleged incident to her parents. Thereafter, family members of the Appellant brought her back to her matrimonial house. Allegedly, on 6.6.1999, again a dispute took place between the accused persons and Mainabai. Thereafter, Mainabai poured kerosene on her and set herself on fire. She was immediately taken to the District Hospital, Durg. Thereafter, for better treatment, she was taken to Sector-9 Hospital, Bhilai. During the course of treatment, she died in the hospital on 11.6.1999. Prior to her death, i.e. on 10.6.1999, written complaint (Ex.P4) was lodged by her father Suresh (PW-4). Morgue intimation (Ex.P8) was also lodged. On the basis of morgue inquiry and written complaint (Ex.P4), First Information Report (Ex.P11) was registered. Post mortem examination over the dead body of Mainabai was conducted. Post mortem report is Ex.P3, according to which, deceased Mainabai had sustained 85% burn injuries and cause of her death was shock. Inquest proceeding (Ex.P5) was conduct. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed. The Trial Court framed charges against the Appellant and co-accused Jaiwanbai.

3. To bring home the offence, the prosecution examined as many as 15 witnesses. Statements of the Appellant and co-accused were also recorded under Section 313 of the Cr.P.C. in which they denied the guilt, pleaded innocence and false implication. It was the defence of the Appellant that there was cordial relation between him and his wife/deceased. Her death was accidental. During the course of treatment in the hospital, after obtaining a certificate of fitness of Mainabai to make statement, her written dying declaration (Ex.D2) was also recorded by an Executive Magistrate. In his defence, the Appellant has examined two witnesses, namely, Dr. V.K. Sao, who gave the fitness certificate, as Defence Witness No. 1 and Naib-Tahsildar/Executive Magistrate U.S. Agrawal, who recorded the written dying declaration (Ex.D2), as Defence Witness No. 2.

4. On completion of the trial, the Trial Court acquitted co-accused Jaiwanbai of the charge framed against her under Section 306 read with Section 34 of the Indian Penal Code, but convicted and sentenced the Appellant as mentioned in 1st paragraph of this judgment. Hence, this appeal.

5. Learned Counsel appearing for the Appellant argued that without there being sufficient and clinching evidence on record against the Appellant, the Trial Court has convicted him. It was further argued that immediately after the incident, the Appellant took injured Mainabai to District Hospital, Durg and thereafter for her better treatment took her to Sector-9 Hospital, Bhilai. On 6.6.1999 itself, Executive Magistrate U.S. Agrawal (DW-2), after obtaining a fitness certificate from Dr. V.K. Sao (DW-1), recorded written dying declaration (Ex.D2) of injured Mainabai. But, the prosecution has suppressed this fact and did not sub