JUDGMENT - S.A. BOBDE, J.:---The appellants Nizamuddin Shaikh Abdul Wahab and his mother Ameenabi Shaikh Abdul Waheb had been convicted and sentenced by the Addl. Sessions Judge, Greater Bombay, for offences punishable under section 306 read with 114 of the Indian Penal Code and section 498-A been sentenced under section 306 read with 114 of the Indian Penal Code to suffer R.I. for three years and to pay a fine of Rs. 1000/-, in default to suffer R.I. for one year. He has also been convicted for the offences punishable under section 498-A of the Indian Penal Code and sentenced to suffer R.I. for six months. The sentences were directed to run concurrently, after giving him a set-off from 27-7-1986 to 11-8-1986. Appellant No. 2, his mother, has been sentenced till rising of the Court on each count and imposed a fine of Rs. 1000/- on each count, in default to suffer R.I. for six months on each count. 2. Being aggrieved by the aforesaid judgment and order dated 31-7-1992, the present appeal is filed in this Court. 3. The prosecution story in brief is as follows : Appellant No. 1 Nizamuddin had married the deceased Banu about six months before 27-7-1986, the date of the incident. The deceased was continuously harassed by appellant No. 1 Nizamuddin and his mother Ameenabi since then. In other words, she was treated with cruelty. The appellants made allegations of lack of chastity and infidelity against the deceased Banu. Banu, on account of the oppressive atmosphere at home had gone back to her mother's house. However, on 25-7-1986, a day before the incident, her husband Nizamuddin went to her mother's house and persuaded her to come back and live with him at their residence at Room No. 118, Shalimar Bldg., Lala Nigam Road, Colaba, Bombay. She did so. 4. In the night between 26th and 27th of July, 1986, appellant No. 1 had a quarrel with the deceased and she was, in her own words, 'harassed a lot'. As a result, in the early hours of 27th July, 1986 the deceased poured kerosene on herself and set herself on fire. The sister-in-law and the uncle of appellant No. 1 tried to save the deceased and succeeded in putting out the fire. In the process, the sister-in-law sustained some burn injuries. The husband Nizamuddin, appellant No. 1, then took her by a taxi to St. The sister-in-law and the uncle of appellant No. 1 tried to save the deceased and succeeded in putting out the fire. In the process, the sister-in-law sustained some burn injuries. The husband Nizamuddin, appellant No. 1, then took her by a taxi to St. George's Hospital. 5. Banu had, however, suffered burn injuries to the extent of about 90% and was initially treated as an out-patient and subsequently admitted to the hospital. She could not survive the injuries and died on 31-7-1986. 6. The prosecution relies mainly on three dying declarations made by the deceased : (i) According to the prosecution, the first dying declaration was made to P.S.I Vishambhar Mitke (P.W. 7) who was working with SB-II, C.I.D. This declaration was recorded at about 7.30 a.m. at St. George's Hospital. This declaration is recorded in Marathi which the deceased understood. P.S.I. Mitke could not take the deceased's signature on it because of the burn injuries on her palm and, therefore, with some difficulty managed to get her thumb impression on this dying declaration. (ii) The second dying declaration was made at about 10 or 10.30 a.m. to a Special Executive Magistrate one Mrs. Shantabai Sathe. Mrs. Shantabai Sathe is also a Social Worker. This dying declaration (Exh. 7) has been signed by Mrs. Shantabai Sathe who has been examined by the prosecution as P.W. 1. She has also placed her seal of the Special Executive Magistrate on this declaration. The declaration bears an endorsement to the effect that "This statement has been recorded before me". This endorsement is signed by Dr. Punjabi who was then posted at St. George's Hospital and was working as a House Surgeon to Dr. Sudhakar Sane (P.W. 8). The signature of Dr. Punjabi has been identified by one Ramesh Joshi (P. W. 5) who worked as Medico Legal Clerk at St. George's Hospital, and P.W. 7. (iii) The third dying declaration has been made to Police Inspector Sanjay Balkrishna Dani (P.W. 6) who has also conducted investigation in this case. This dying declaration is at Exh. 18 and is made at about 10.30 a.m. Apart from the aforesaid dying declarations, the prosecution relies on the oral testimony of eight witnesses examined by it. The police also seized the clothes of deceased Banu. A panchanama to that effect is at Exh. This dying declaration is at Exh. 18 and is made at about 10.30 a.m. Apart from the aforesaid dying declarations, the prosecution relies on the oral testimony of eight witnesses examined by it. The police also seized the clothes of deceased Banu. A panchanama to that effect is at Exh. 10 and produced certain articles in Court, in particular, a bottle of kerosene, which was broken, and a safety match-box. 7. The defence has examined one witness, viz., Zaibunissa, sister of appellant No. 1. 8. A spot panchanama, was also prepared which has been proved in Court by P.W. 3 Iqbal. Both the accused persons pleaded not guilty before the trial Court and claimed to be tried. After allowing the parties to lead evidence, the trial Court has convicted both the appellants-accused, as stated above. 9. An unusual feature of this case is the fact that Zulekhabai (P.W. 4), the mother of the deceased Banu, gave her deposition in such a manner that the prosecution asked for permission to cross-examine her. This permission was granted by the Court which has treated her as a hostile witness. 10. Ms. Mhatre, learned Counsel for the appellants-accused, contended that the judgement of the learned Sessions Judge is liable to be set aside on the following grounds :- (i) That no cruelty of such a nature as was likely to drive the deceased Banu to commit suicide as required by section 498-A of the Indian Penal Code has been proved by the prosecution. (ii) That in particular, there is no statement made by the deceased, in her dying declaration that the husband had brought out and put before the deceased a kerosene tin and suggested that she should set herself on fire. Therefore, there was no cruelty for which the husband is guilty. Further, the learned Counsel contended that Zaibunissa, the sister-in-law of the deceased who was examined as defence witness No. 1 has stated that there was no kerosene tin in the house which is also apparent from the statement of the panch witness and, therefore, it cannot be said that the husband acted with such cruelty as was likely to drive her to commit suicide by burning herself. iii) The third contention is that the dying declaration recorded by P.W. 6 Dani which is the third dying declaration at Exh. iii) The third contention is that the dying declaration recorded by P.W. 6 Dani which is the third dying declaration at Exh. 18 is not endorsed by the Doctor and, therefore, does not have any evidentiary value. 11. I have gone through the entire record of the case and in particular the depositions and the dying declarations. I have also gone through the judgement of the learned Sessions Judge with the assistance of Mrs. Mhatre, learned Counsel for the appellants, and Mr. Galeria, learned Additional Public Prosecutor. 12. Firstly, the learned Counsel for the appellants, has contended that the cruelty was not of such a nature as was likely to drive the deceased to commit suicide. To consider this submission, a brief narration of the facts of the case is necessary. The deceased Banu was married to accused No. 1 about five to six months before her death. That whatever be the relationship, it certainly was not a normal relationship between a husband and wife. This is evident from the fact that the actual time when the deceased and accused No. 1 cohabited was not more than a month. 13. Due to the unpleasant atmosphere at her marital home, the deceased had gone to reside with her mother till 25-7-1986 when accused No. 1 went to the house of the deceased's mother and persuaded her to come back. On the night of 26th July, 1986 this incident took place. 14. As to what happened on the night intervening 26th and 27th July, 1986, the Court has three dying declarations referred to above and the version of the sister-in-law of the deceased which is rather unusual. The sister-in-law's version is discussed later. 15. I am of the view that the prosecution case is fully supported by the three dying declarations given by the deceased. The first dying declaration was given to P.S.I. Mitke (P.W. 7) who was, at the relevant time, attached to Colaba Police Station and was on night station house duty from 6 p.m. on 26-7-1986 to 8 a.m. on 27-7-1986. In the morning at 27-7-1986 at about 7 a.m. the constable on duty at St. George's Hospital informed him that one lady who sustained about 85% burn injuries was admitted in the hospital. P.W. 7 has deposed that he reached the hospital and on seeing the victim noticed that she was completely burnt except for her face. In the morning at 27-7-1986 at about 7 a.m. the constable on duty at St. George's Hospital informed him that one lady who sustained about 85% burn injuries was admitted in the hospital. P.W. 7 has deposed that he reached the hospital and on seeing the victim noticed that she was completely burnt except for her face. He then asked Dr. Punjabi whether he could record the statement of the lady. Dr. Punjabi allowed him to do so stating that she was in a fit condition to make a statement. Mitke then recorded the statement of the deceased in the presence of Dr. Punjabi and found that the lady knew both Marathi and Hindi. When questioned in Marathi, she answered his questions both in Hindi and Marathi. This witness has stated that she is well-versed both in Hindi and Marathi. 16. The victim Banu told him that she got married about five to six months back. Because of ill-treatment, she had gone to stay with her mother. On 25-7-1986 her husband had come to her parents' house at Vikhroli and assured her mother that she would not receive any ill-treatment and brought Banu to her marital home at Colaba. The statement of the lady was reduced to writing by P.W. 7 Mitke and is at Exh. 23. This statement is treated as F.I.R. in the case. 17. A plain reading of this statement brings forth the following facts:- (a) That the deceased returned to her marital home on 25-7-1986 along with her husband on his assurance that she would be treated well. (b) That her husband and the mother-in-law ill-treated her. (c) In the night of 26-7-1986 and 27-7-1986 she stated that her husband "had harassed me very much". Before this also on two or three occasions, he had asked her to burn herself with kerosene. That as a result of the harassment which her husband caused her on the night between 26th 27th July, 1986, she poured kerosene and set herself on fire. (d) That she had burnt herself due to the ill-treatment at the hands of her husband. 18. This statement was recorded in the presence of Dr. Punjabi and one Nurse Ms. Verma. The original bears the right-hand thumb impression of the deceased Banu. The statement is also signed by Police Inspector, Colaba Police Station, the A.C.P. and the Senior Police Inspector. 19. 18. This statement was recorded in the presence of Dr. Punjabi and one Nurse Ms. Verma. The original bears the right-hand thumb impression of the deceased Banu. The statement is also signed by Police Inspector, Colaba Police Station, the A.C.P. and the Senior Police Inspector. 19. Two things are noteworthy regarding this dying declaration. Firstly, that the deceased has stated that she was not being ill-treated by either her sister-in-law, brother-in-law or her father-in-law. She was apparently not overcome by any irrational feelings or vindictiveness. Secondly, she has categorically stated that she burnt herself "due to ill-treatment at the hands of my husband". 20. In the cross-examination of this witness, P.S.I. Mitke, he has admitted that the deceased did not elaborate on the alleged ill-treatment and harassment which was meted out to her and what sort of ill-treatment or harassment was meted out to her. 21. This, however, is not to say that she has not elaborated as to the nature of the ill-treatment meted out to her. She has described this in her second dying declaration (Exh. 15) which is recorded by one Shantabai Sathe, Special Executive Magistrate, who has been examined by the prosecution as P.W. I. Shantabai, the S.E.M. has stated on oath that on being questioned, Banu told her that she has committed suicide on account of the daily harassment of her husband and mother-in-law. She immolated herself because on the night before her, her husband had quarrelled with her. 22. This witness has further stated that Banu was quite conscious and able to understand the questions put and answered them intelligently. P.W. 1 has reduced the dying declaration to writing at about 10 a.m. to 10.30 a.m. and has stated that she could not take the signatures of the deceased because both her palms were burnt. 23. In this declaration, which is in the form of questions and answers, the deceased has categorically stated:--- (a) Her relations with her husband were not on good terms. He used to hit her whenever she referred to her parent's house. (b) He always doubted her character. (c) That she set herself on fire in the morning because at night her husband had picked up a quarrel with her. 24. It is noteworthy that in this dying declaration, the deceased has honestly and categorically denied that she was being harassed on account of dowry. (b) He always doubted her character. (c) That she set herself on fire in the morning because at night her husband had picked up a quarrel with her. 24. It is noteworthy that in this dying declaration, the deceased has honestly and categorically denied that she was being harassed on account of dowry. There is an endorsement on this dying declaration by Dr. Punjabi who has stated that it was recorded before her. 25. The third dying declaration was also recorded about the same time. It speaks the same story. This dying declaration was made to P.W. 6, Police Inspector, Sanjay Dani and is at Exh. 18. P.W. 6 has stated that after obtaining certificate from Dr. Punjabi about the state of consciousness and fitness of the deceased to make a statement, he proceeded to ask questions to the deceased. The deceased answered him in Hindi and he recorded it in English. The crucial statements of this dying declaration are that her husband used to ill-treat her because he doubted her character. The mother-in-law also used to ill-treat her. 26. The ill-treatment was because her character was doubted and not because of dowry. As a result of the ill-treatment, she went to her mother's house about a month ago. That on earlier two to three occasions her husband had put kerosene tin before her and asked her to burn herself. On Friday i.e. on 25-6-1986 she had returned to her husband's house and in the night of 26th July 1986 her husband had pinched her, abused her and picked up a quarrel with her. 27. She has said that her mother-in-law did nothing, but kept quiet. She could not sleep the whole night and so early in the morning she poured kerosene herself from a bottle and set herself ablaze. After her clothes caught fire, she started screaming because of the pain. Her father-in-law, brother and her sister-in-law extinguished the fire and brought her to the hospital. There is some controversy as to whether while making this statement, the deceased referred to her father-in-law, brother or her sister-in-law, but in the context it does not appear to me to be any consequence. 28. I am of the view that merely because this dying declaration is not endorsed by the Doctor, it has not lost its value. Moreover, there is on record, a certificate (Exh. 16) signed by Dr. 28. I am of the view that merely because this dying declaration is not endorsed by the Doctor, it has not lost its value. Moreover, there is on record, a certificate (Exh. 16) signed by Dr. S.M. Sane (P.W. 8) that "the patient is in a fully conscious state to give a valid statement at 10.30 a.m. on 27-7-86 ............" 29. Apart from this evidence, there is in this case the unusual and rather unfortunate event of the deceased's mother Zulekhabai entering the witness-box and being declared hostile. The mother of the deceased stated that when she went to the hospital on learning that her daughter was burnt, no talk took place between her and the deceased. She has, however, stated that Banu was in a conscious state, but when she made enquiries with her, she could not answer the questions. At this point of time, she was allowed to be cross-examined by the prosecution. During the course of the cross-examination by the prosecution, she admitted that Banu was in a conscious state and spoke to her in a normal condition. I consider the testimony of this witness as unreliable and it seems that for reasons best known to her, she has either not come out with the truth or there was a very strained relationship between her and her daughter and as a result of which she did not know as to what was happening in her daughter's life. In any case, I am of the view that her testimony cannot be relied upon. 30. After the prosecution led its evidence the defence examined Zaibunissa (D.W. 1). She is the sister of accused No. 1 and has come out with an unusual version. Zaibunissa entered the witness-box and stated that she extinguished the fire when the deceased entered her room early in the morning and her forearm got burnt. She has further stated that the deceased and Accused No. 1 got along well during the day, but used to quarrel at night and that the deceased had told her that she disliked accused No. 1. 31. On the reason as to why she burnt herself, this witness has come out with an unusual version. She has further stated that the deceased and Accused No. 1 got along well during the day, but used to quarrel at night and that the deceased had told her that she disliked accused No. 1. 31. On the reason as to why she burnt herself, this witness has come out with an unusual version. She says that she and the deceased had gone to her neighbour's house to watch a T.V. serial named 'Buniyad' and that in that serial, a lady was shown committing suicide and that lady was saved by her mother. This story appears to have been given by this witness in an attempt to show that the proximate cause of suicide committed by the deceased was watching the serial. 32. I am not inclined to give much value to the evidence of this witness. This witness has, however, also stated that they used to have quarrels at night. This supports the case of the prosecution. 33. Upon reading the dying declarations and the depositions referred to above, I am of view that accused No. 1 treated the deceased Banu with cruelty and caused her such harassment which ultimately drove her to commit suicide. I find no merit in the contentions advanced by the learned Counsel for the accused. 34. The accused No. 2 may also have played some part in it, but in one of the dying declarations, deceased Banu categorically stated that it was the quarrel with accused No. 1 husband which drove her to commit suicide. That after the quarrel accused No. 2 kept quiet. Thus I do not find any active complicity of accused No. 2 with the suicide. 35. The learned Sessions Judge has gone through the entire evidence on record and has given due weight to the dying declarations and in particular dying declarations recorded by P.W. 1, the Special Executive Magistrate, who is a completely neutral witness having no animus for or against any of the parties in the case. 35. The learned Sessions Judge has gone through the entire evidence on record and has given due weight to the dying declarations and in particular dying declarations recorded by P.W. 1, the Special Executive Magistrate, who is a completely neutral witness having no animus for or against any of the parties in the case. The learned Sessions Judge has also rightly dealt with the evidence of P.W. 4 Zulekhabai, the mother of the deceased, and Zaibunissa (D.W. 1) the sister-in-law of the deceased and upon consideration of the entire evidence on record, the Sessions Judge has convicted the Accused No. 1 Nizamuddin Shaikh Abdul Wahab for the offence punishable under section 306 read with 114 of the Indian Penal Code and sentenced him to suffer R.I. for three years and to pay a fine of Rs. 1000/-, in default to suffer further R.I. for one year. Accused No. 1 has also been convicted for offence punishable under section 498-A of the Indian Penal Code and is sentenced to suffer R.I. for six months. The Sessions Judge has convicted Accused No. 2 Ameenabi Shaikh Abdul Wahab under sections 306 and 498-A of the Indian Penal Code and sentenced her till the rising of the Court on each count and to pay a fine of Rs. 1000/- on each count, in default to suffer R.I. for six months on each count. It is reported that she has already undergone this. 36. I find that the judgment and order of the Sessions Judge is well-reasoned and there is no reason to interfere with it. 37. For the reasons stated above, this appeal is dismissed. The bail bond shall stand cancelled. Time of six weeks is granted to appellant No. 1 (Accused No. 1) to surrender. Appeal dismissed. -----