JUDGMENT - BATTA R.K., J.:---The appellant was tried for the murder of his wife as also for treating her with cruelty under sections 302 and 498-A of the Indian Penal Code. The prosecution had in all examined nine witnesses in support of the charges. The trial Court after placing reliance on the dying declaration of the deceased recorded by the Executive Magistrate Rajendra Deshmukh (P.W. 6) as also the attending circumstances including spot panchanama, came to the conclusion that prosecution had succeeded in establishing the charges against the appellant. The theory of suicide put forward by the appellant was rejected. The appellant was sentenced to imprisonment for life and fine of Rs. 5000/-, in default R.I. for one year under section 302, I.P.C. and to suffer rigorous imprisonment for one year and to pay a fine of Rs. 1000/- i/d to suffer R.I. for two months. Substantive sentences were ordered to run concurrently. Benefit of period in detention was given to the appellant under section 428, Cri.P.C. 2. The prosecution case in brief is that the marriage of the appellant with deceased Kalpana had taken place on 15-6-1995. After marriage the appellant was suspecting fidelity of his wife Kalpana with reference to one Jitendra, son of landlord and one Dhokne Guruji. On 24-1-1996 at about 03.00 a.m. deceased got up to drink water. The appellant also got up; poured kerosene on her person and set her on fire. She raised cries and on hearing her cries, landlords son Jitendra (P.W. 1) and his wife as also other persons rushed to the house of appellant. The door of the house was found closed. The said persons asked the accused to open the door and it was only thereafter that the accused opened the door. Deceased Kalpana was found lying on cot with severe burns. She was taken to the hospital and the Executive Magistrate was asked to record her statement. The Executive Magistrate asked Dr. Surendra Bhoyar about the fitness of the patient. Doctor examined deceased Kalpana and opined that she was not able to speak properly though he found her fully conscious. According to the doctor, Kalpana was not fit for giving dying declaration due to slurring speech because of rigours. On the next day i.e. on 25-1-1996 the Executive Magistrate was again requisitioned for recording the dying declaration of the deceased. Doctor examined deceased Kalpana and opined that she was not able to speak properly though he found her fully conscious. According to the doctor, Kalpana was not fit for giving dying declaration due to slurring speech because of rigours. On the next day i.e. on 25-1-1996 the Executive Magistrate was again requisitioned for recording the dying declaration of the deceased. He came to the hospital at about 07.40 a.m. The Executive Magistrate, after ascertaining the fitness of the patient from the doctor for the purpose of recording the statement, recorded the statement of Kalpana. The doctor was throughout present during recording of the statement. The Spot panchanama was conducted. The deceased died on account of 88% burns. After competing the investigation, appellant was charge-sheeted, as stated above. 3. In his statement under section 313, Cri.P.C. the appellant came out with total denial. The appellant even denied that at the time of incident he was inside the house; he was asked to open the door and after sometime he opened the door. However, in the written statement filed by him, he stated that he was sleeping in the house at the time of incident and on hearing the shouts he tried to save his wife on account of which he sustained burn injuries. He stated that deceased Kalpana was suffering form epilepsy and out of disgust, she set herself on fire and committed suicide. 4. Mr. M.R. Daga, learned Counsel for appellant urged before us that the prosecution case solely rests upon the dying declaration of the deceased which does not get any corroboration from any quarter and as such dying declaration without any corroboration should not be relied upon for the purpose of conviction of appellant for serious charge of murder. He has further submitted before us that even though the deceased was well educated, her signatures were not taken on the dying declaration, but only thumb impression was taken which creates doubt on the veracity of the dying declaration. According to learned Counsel for the appellant, the circumstances on record do not rule out the possibility of the deceased having committed suicide. According to learned Counsel for the appellant, the circumstances on record do not rule out the possibility of the deceased having committed suicide. In this connection, it is further submitted that the factum of injuries on the person of the appellant itself proves that the appellant had tried to extinguish fire and if he had set fire to the deceased, it does not sound to reason that he would make any efforts to extinguish the fire. In view of this, according to the learned Counsel for appellant, appellant is entitled to benefit of doubt. It is also urged before us that the oral dying declaration made to the father of the deceased as also his statement relating to ill-treatment of the deceased cannot be accepted since he is an interested witness and his evidence does not inspire confidence. He, therefore, contended that the appellant be acquitted of the charges. 5. There is no dispute that the deceased died of burns inside the house in which the deceased and the appellant were the only inmates. Though the appellant had tried to deny his presence inside the house as could be seen from his examination under section 313, Cri.P.C., he admitted in his written statement that he was present inside the house, but his case is that his wife her self committed suicide. Therefore, the trial Court addressed itself that the crucial question for determination was whether the death of Kalpana was suicidal or homicidal. The trial Court placed reliance on the evidence of P.W. 2 Kisan who was pancha witness to the spot panchanama. He has stated that the PSO informed him that lock of the house of Jaware Guruji was to be broken. This was so, because both the deceased and the appellant had been taken to the hospital after the incident. The house in which the deceased and the appellant were residing consisted of only two rooms. In the first room, burnt edge of sari and lock of hair were found which were seized by the police. There was cot in the house and on the cot, burnt bed-sheet was lying on it. In the second room, four burnt match sticks, kerosene container, kerosene spread over the ground, were found and electricity was found out. This witness was cross-examined, but nothing material which could help the appellant could be elicited during the cross-examination. The spot panchanama speaks for itself. In the second room, four burnt match sticks, kerosene container, kerosene spread over the ground, were found and electricity was found out. This witness was cross-examined, but nothing material which could help the appellant could be elicited during the cross-examination. The spot panchanama speaks for itself. In the first room, burnt sari and lock of hair were found as also burnt bed-sheet was found lying on the cot. In the second room, four match sticks, kerosene container and kerosene spread over the ground were found. Thus, in both the rooms, incriminating material relating to burning were found and in the light of this evidence, it is not possible to accept the theory of suicide propounded by the appellant. Admittedly, appellant and deceased were the only persons present in the house and the incident took place at about 03.00 a.m. It is pertinent to note that appellant in his statement under section 313, Cri.P.C. even denied that at the time of incident he was inside the house; he was asked to open the door and after sometime he opened the door. However, in the written statement filed by the appellant the appellant himself admitted that he was in the house at the time of incident though, according to him, he was sleeping at that time. The appellant has tried to put false defence which can be taken as additional link to fasten liability on him. Of course, there is otherwise ample evidence to bring home the guilt of the appellant. It is also pertinent to note that the door was closed from inside and it was only when Jitendra and other persons asked the accused to open the door that he opened the same. If the deceased had committed suicide, then it would be the natural conduct of appellant that he would immediately open the door for help and would being this fact of deceased having committed suicide to those who had asked him to open the door, but nothing of this sort was done by the appellant. There is another circumstance which goes contrary to the suicidal theory, viz. the deceased was pregnant of seven months. The deceased was married about 7-8 months prior to the incident and unless there were strong reasons, a newly married girl would not commit suicide. The case of the appellant is that the deceased committed suicide because she was suffering epilepsy (fits). the deceased was pregnant of seven months. The deceased was married about 7-8 months prior to the incident and unless there were strong reasons, a newly married girl would not commit suicide. The case of the appellant is that the deceased committed suicide because she was suffering epilepsy (fits). However, no evidence worth the name to substantiate this theory has been established. The trial Court rightly, therefore, discarded suicide theory put forward by the appellant. 6. The evidence on record which unerringly points out the guilt of the appellant is the Dying Declaration of the deceased which was recorded by the Executive Magistrate Rajendra Deshmukh (P.W. 6). P.W. 6 Rajendra Deshmukh has stated that on 24-1-1996 he had received memorandum at about 3.40 p.m. to record dying declaration. He, therefore, went to Burn Ward of Main Hospital, Yavatmal. He along with the doctor went to Kalpana. He asked 1-2 questions to the patient, but she could not reply properly. The doctor certified that she was not fit to give dying declaration. Therefore, P.W. 6 could not record the dying declaration and returned back to his office. In the morning of the next day, he reached the hospital at 07.40 am. Since he was aware about the patient, he went directly to the patient. He called the doctor through sister. Doctor came and examined Kalpana who certified that deceased was fit to give dying declaration and he recorded the statement of Kalpana in question and answer form. Besides other replies given by Kalpana to the question put to her, she stated that the earlier day at about 3.00 Oclock she got up from sleep and went to drink water. At that time her husband also got up; poured kerosene on her person and he only set her ablaze by touching the burning match-stick to her person. She also stated that she had come to Pawnar from Salora eight days prior to the incident. She also stated that the appellant used to quarrel with her since the time of marriage. She also stated that her husband used to suspect her fidelity by alleging that she was having illicit relations with Dhokne Sir as also Jitendra in whose house they were living as tenant. According to P.W. 6 Rajendra Deshmukh, he recorded the dying declaration in the words of the deceased. She also stated that her husband used to suspect her fidelity by alleging that she was having illicit relations with Dhokne Sir as also Jitendra in whose house they were living as tenant. According to P.W. 6 Rajendra Deshmukh, he recorded the dying declaration in the words of the deceased. Recording of the dying declaration was started at 7.50 Oclock and it ended at 8.10 Oclock. He identified the original dying declaration to be in his hand writing. He read over the statement to deceased and took her right hand thumb impression which was identified by him. He also stated that from the beginning till the end of recording of dying declaration, doctor was present there and during the recording of evidence, except him and doctor no one else was present. At the end of dying declaration, the doctor certified that he was present at the time of recording dying declaration and the deceased was fit to give dying declaration. In cross-examination he stated that part of portion of hers sustained burns. He also stated that he had asked the deceased whether she could sign and since she replied in negative, he obtained her thumb impression. This explains as to why thumb impression was taken and in view of this, argument of the learned Counsel for the appellant is without any merit. 7. P.W. 7 is Dr. Bhuyar who has stated that on 24-1-1996 he was on duty in the Casualty Department of Main Hospital, Yavatmal. On that day at about 03.45-04.00 p.m. Executive Magistrate Shri Deshmukh came to record the dying declaration of Kalpana who was in Burns Ward. He along with Shri Deshmukh went to the patient and since she was not able to speak properly, he issued certificate to that effect. According to him, he was on duty from 1.00 p.m. of 24-1-1996 till 9.00 a.m. of 25-1-1996. On 25-1-1996 at 7.40 a.m. Executive Magistrate Shri Deshmukh again came to the Hospital for recording dying declaration and had ascertained from his whether she was fit to give dying declaration or not. The doctor along with Shri Deshmukh went to the Burn Ward. He examined the patient and found that she was fit to give dying declaration and accordingly, he issued certificate to that effect. Thereafter Executive Magistrate started recording dying declaration and though the recording of dying declaration, he was present. The doctor along with Shri Deshmukh went to the Burn Ward. He examined the patient and found that she was fit to give dying declaration and accordingly, he issued certificate to that effect. Thereafter Executive Magistrate started recording dying declaration and though the recording of dying declaration, he was present. After recording of Dying Declaration, he certified that dying declaration was recorded in his presence and the patient was fully conscious and fit for giving dying declaration. At the time of recording of dying declaration, he and Executive Magistrate were the only two persons present. 8. The evidence of Executive Magistrate and doctor in relation to recording of dying declaration does not suffer from any infirmity whatsoever. The dying declaration has been duly proved. The trial Court was conscious of the fact that the trial Court was conscious of the fact that the trial Court was required to make close scrutiny and keeping the same in view found that the dying declaration was truthful and trustworthy and we have absolutely no reason to disagree with the said finding. It is not well settled that conviction can be solely based upon the dying declaration if the same is found to be truthful and trustworthy. In the case before us, the dying declaration is not only truthful and trustworthy, but it gets support form the spot panchanama, conduct of the appellant at the time of incident as also the oral dying declaration made by the deceased to her father. P.W. 3 Bhanudas Sakhre has stated that Kalpana was married with the appellant on 15-6-1995. When she visited his place at the time of Diwali, it was informed to him by Kalpana that appellant was suspecting her fidelity by taking the names of son of landlord and one Dhokne Guruji. He stated that on 24-1-1996 M.J. Guruji from Pawnar came to him and informed that his daughter was admitted in the Hospital at Yavatmal and thereafter he along with his wife and other relations went to the Government Hospital at Yavatmal. They reached at about 1.00 a.m. When he and his wife met her, the deceased told his father (P.W. 3) that the appellant closed the door of the room from inside, cut the electric line; poured kerosene oil on her person and set her on fire on account of the fact that he was suspecting her fidelity with Jitendra and Dhokne Guruji. He stated that when Kalpana died, she was pregnant for 4-5 months. He denied the suggestion that the deceased was suffering from fits from childhood. The spot panchanama shows that not only the electric supply was cut, but the kerosene was also found on the floor besides burnt edge of sari, lock of hair, burnt bed-sheet on the cot etc. which facts also lend corroboration to the oral dying declaration of the deceased. There is no material relating to suspicion of fidelity of the deceased and suspecting a woman of her fidelity by itself, if untrue, amounts to cruelty which can have wide repercussions on the personality of the woman, both physical as well as psychological. The deceased died of 88% burns. The evidence on record is sufficient to establish the charges as against the appellant. The appellant tried to make much out of the burn injuries suffered by him, but the evidence on record is that the appellant and the deceased were the only persons in the house, house was closed from inside and even though there were cries which were heard by the neighbours, the appellant did not open the door nor raised any alarm nor told to the persons outside the house that deceased had committed suicide and in these circumstances, the trial Court came to the conclusion that appellant only tried to make a show to save his wife when he was asked to open the door and in this process he sustained burn injuries. The trial Court in its well considered and elaborate judgment which is supported by sound reasoning, found the appellant guilty of both charges. On assessment of evidence, we have no reason to take a different view of the matter since in our opinion also, the charges against the appellant have been duly established beyond reasonable doubt. 9. For the aforesaid reasons, we do not find any merit in this appeal and the appeal is hereby dismissed. Appeal dismissed. -----