Judgment ( 1. ) THIS is an appeal against the judgment and findings dated 17-6-1989 recorded by the learned Additional Sessions Judge, Khurai in S. T. No. 270/88, whereby the accused/appellants were convicted of offences under Sections 306 and 498-A, IPC and sentenced to 3 years R. I. on each count. ( 2. ) SUCCINCTLY narrated the facts of the prosecution case are that deceased Shantibai, daughter of Janakrani (P. W. 1) and Gyandas (P. W. 2) was married to accused Rajbabu two years prior to the date of incident. The deceased set herself afire at about 10. 30 A. M. on 17-7-88 in her matrimonial home. It is said that on the date of incident accused/appellant No. 2 Smt. Munnibai mother-in-law of the deceased had gone out to fetch water from a village well and her husband accused Jagatbandhu (since acquitted) was away to some other place, whereas accused/appellant No. 1 Rajbabu had gone to forest for cutting woods. Though, it is not clear as who informed him about the death of his wife but no sooner he received the information he lodged a report i (Ex. P-16) at Police Station, Bhangarh which was recorded by Head Constable i narbada Prasad (P. W. 9 ). The deceased was carried to Railway Station, karonda in burnt condition for her treatment at Bhangarh, where Ashok chourasia (P. W. 8), the Police Station Incharge had also arrived. In view of deteriorating condition of deceased Shantibai, Ashok Chourasia (P. W. 8)recorded (Ex. P-2), her dying declaration noting that Shantibai died due to accidental fire while cooking food in the house and thus, exculpated all the members of her matrimonial home. S. K. Verma (P. W. 6), the then D. S. P. Incharge also arrived at the Railway Station, Karonda but by that time Shantibai was dead. He being a gazetted officer prepared the inquest Panchanama of the dead body (Ex. P-12) and sent the dead body for post-mortem examination vide requisition (Ex. P-13 ). A marg in respect of the death of deceased shantibai was prepared at the Railway Station itself vide Ex. P-15 by Ashok chourasia (P. W. 8 ). Vide post-mortem report (Ex. P-20), a team consisting of dr. Mahesh Singh (P. W. 11) and Dr. Saxena found 90% burns on the body of the deceased. P-13 ). A marg in respect of the death of deceased shantibai was prepared at the Railway Station itself vide Ex. P-15 by Ashok chourasia (P. W. 8 ). Vide post-mortem report (Ex. P-20), a team consisting of dr. Mahesh Singh (P. W. 11) and Dr. Saxena found 90% burns on the body of the deceased. The burns were found to be ante-mortem and the time of her death was calculated to be within 24 hours of the post-mortem. On completion of investigation, a challan was laid against Rajbabu, appellant No. 1 and Smt. Munnibai, appellant No. 2 so also against Jagatbandhu (since acquitted) under sections 306 and 498-A, IPC. On a proper appreciation of evidence, the learned Trial Judge found the accused/appellant Nos. 1 and 2 guilty of offences charged with but acquitted accused Jagatbandhu (father-in-law of the deceased) of the said charges due to paucity of evidence. ( 3. ) HEARD Shri Jagat Sher Singh, learned Counsel for the appellants and Smt. Chanchal Sharma, learned Panel Lawyer for the State and perused the record of the case. ( 4. ) SHRI Jagat Sher Singh, learned Counsel contended that the conviction of the appellants is founded mainly on a letter alleged to have been written by the deceased and seized from a box in the possession of her husband (accused/appellant No. 1 ). Shri Singh challenged the veracity of the letter on the ground; that it is undated, and that Kamalrani (P. W. 3) was not competent to prove it particularly when the parents of the deceased did not admit to have received any correspondence from her side. He further questioned the veracity thereof in the wake of another dying declaration said to have been recorded by Police Officer, Ashok Chourasia (P. W. 8), which completely exonerated the appellants. It was further contended that the deceased was a frustrated lot who being a victim of circumstances, had to accept the accused, an unequal match for her and thereafter led a disgruntled married life, whereas she was an educated lady who wanted to be a career woman after receiving higher education which was opposed by her husband and his family members. It was alternatively submitted that even if the deceased committed suicide, the acts of the accused/appellants by no stretch of imagination could be covered under section 107, IPC to be characterized as abetment of suicide, being punishable under Section 306, IPC. Similarly, none of the acts of the accused could be said to be covered by the definition of cruelty under Section 498-A, IPC. ( 5. ) SMT. Chanchal Sharma, learned Panel Lawyer appearing for the state on the other hand vehemently countered the contentions of the learned counsel for the appellants. She defended the impugned judgment and submitted that the letter (Ex. P-l) has been rightly relied upon inasmuch as it has been duly proved by Kamalrani (P. W. 3), and in essence it fulfils all the requirements of a valid dying declaration of the deceased. She further contended that D. S. P. S. K. Verma (P. W. 6) who rushed to the Railway Station on receipt of information about the incident stated that he was not informed by shri Ashok Chourasia (P. W. 8), the Investigating Officer that a dying declaration had been recorded, therefore, the said dying declaration smacks of doubts. Smt. Chanchal Sharma also contended that the deceased sustained 90% of burns on vital parts of the body including the head which could not have been possible in a case of accident. Smt. Sharma submitted that in view of statements of the parents Janakrani and Gyandas (P. W. 1 and P. W. 2), as also Kamalrani (P. W. 3) proving the document (Ex. P-l), the impugned judgment recording conviction of the accused/appellants does not call for interference in appeal. ( 6. ) ON a re-appreciation of evidence on record so also from the rival contentions of the parties, I am of the considered view that the impugned judgment recording conviction and sentence does not call for any interference. According to Janakrani (P. W. 1), mother of the deceased, her daughter was subjected to beatings and tortures by the appellants, being the husband and mother-in-law, and therefore, she was driven to commit suicide. Similarly, kamalrani (P. W. 3), though studied up to Class 2, being the sister-in-law of the deceased can not be said to be incompetent for identifying the handwriting of deceased in the letter (Ex. P-l ). The said letter depicted the miseries and disgust of her matrimonial life. Similarly, kamalrani (P. W. 3), though studied up to Class 2, being the sister-in-law of the deceased can not be said to be incompetent for identifying the handwriting of deceased in the letter (Ex. P-l ). The said letter depicted the miseries and disgust of her matrimonial life. It appears that the deceased had made up her mind to end her life. As the incident did occur in terms of the letter, the letter can be said to have been written, not much before the time of occurrence. Kamalrani (P. W. 3) who has proved the letter being in the nature of dying declaration was not put to cross-examination in respect of her competence to do so. Resultantly, the proof of Ex. P-l gave a carte blanche to prosecution for drawing presumption as to dowry death under Section 113-B of the Evidence act and to shift the burden on to the defence. Thus, veracity of the evidence of Kamalrani (P. W. 3) as regards identifying the handwriting of the deceased stood established. Similarly the parents of deceased, Janakrani (P. W. 1) and gyandas (P. W. 2) have not been cross-examined on their stress on a fact that the deceased was constantly beaten and tortured, and even threatened to be turned out of her matrimonial home. ( 7. ) AS on his own admission, Ashok Chourasia (P. W. 8) is said to have recorded the dying declaration (Ex. P-2) in the presence of the husband and the mother-in-law (appellant Nos. 1 and 2), so the truthfulness of the said document has become questionable. Coming next to the question of law, the acts of the accused/appellants which are corroborated by the evidence of the prosecution witnesses are covered under clause thirdly of Section 107, IPC so also under the definition of cruelty under Section 498-A, IPC. The said provisions are reproduced as under:-"section 107. A person abets the doing of a thing, who-Firstly,- instigates any person to do that thing; or secondly,-engages with one or more other person or persons in any conspiracy for the doing of that thing, if an act or illegal omission takes place in pursuance of that conspiracy, and in order to the doing of that thing; or thirdly,-intentionally aids, by any act or illegal omission, the doing of that thing. Explanation 1: A person who, by wilful misrepresentation, or by wilful concealment of a material fact which he is bound to disclose, voluntarily causes or procures, or attempts to cause or procure, a thing to be done, is said to instigate the doing of that thing. " "section 498-A *** *** *** *** *** explanation: For the purpose of this section, cruelty means- (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security is on account of failure by her or any person related to her to meet such demand. " ( 8. ) FURTHER, since the death took place within two years of marriage, there was a presumption under Section 113-A of the Evidence Act which reads as under and the burden of the accused could not be discharged without giving a proper explanation: "113-A. Presumption as to abetment of suicide by a married woman.- When the question is whether the commission of suicide by a woman had been abetted by her husband or any relative of her husband and it is shown that she had committed suicide within a period of seven years from the date of her marriage and that her husband or such relative of her husband had subjected her to cruelty, the Court may presume, having regard to all the other circumstances of the case, that such suicide had been abetted by her husband or by such relative of her husband. " ( 9. ) UNDER the circumstances, taking into account the entire evidence on record and the rival submissions of the parties, in my opinion, the impugned judgment of recording conviction and sentence of the accused does not call for any interference, and therefore, the criminal appeal is hereby dismissed. ( 10. ) ACCORDINGLY, the accused/appellants who are on bail in terms of the order dated 10-7-89 shall surrender to their bail bonds to undergo the sentence. Criminal Appeal dismissed.