( 1 ) THIS appeal is directed against the judgment and order dated 3-8-1993 passed by learned Additional Sessions Judge, Latur (Shri T. V. Nalawade) in Sessions Case No. 4 of 1993 whereby the present appellant, original accused No. 1 is convicted for the offence punishable under section 498-A of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for one year and to pay fine of Rs. 1000/-, in default of payment of fine, further R. I. for three months. ( 2 ) THE prosecution case, briefly stated, is as follows : present appellant, original accused No. 1, got married to Sharda (deceased) in the year 1977, Ranoji, the present appellant and Sharda lived as husband and wife happily for about ten years. Sharda could not conceive during this period and thereafter trouble started. The appellant kept Surekha Jadhav (original accused No. 2), a widow, as his mistress. After coming into contract with Surekha, the appellant started illtreating Sharda. Sharda was neglected. The appellant used to remain out of house and used to live with Surekha in absence of Sharda. Sharda was beaten and illtreated also. Necessary grocery were not made available for Sharda. Sharda learnt about the illicit relations of appellant with Surekha. Sharda, during her life time, had told to her parents about her ill-treatment meted out to her by the appellant and also had written certain letters to her parents. She had also caught once red-handed Ranoji and Surekha in the house of Surekha some days prior to the incident. On 2-3-1992, there was quarrel between Sharda and Ranoji, the appellant. The appellant left house and Sharda committed suicide by setting her on fire. The appellant came to know about the suicide by Sharda and he took her in the hospital at Udgir. While Sharda was at Udgir, her dying declaration came to be recorded by the police. Later, another dying declaration was recorded by the executive Magistrate. Sharda was shifted from the hospital at Udgir to hospital at ambajogai where she succumbed to her burn injuries on 3-3-1992. Before her death, another dying declaration was recorded by the police. After receiving the news of death of Sharda, the parents of Sharda who hail from Degaon tahsil, district Sholapur, visited Ambajogai hospital and complaint came to be lodged by father of Sharda on 7-3-1992. Before her death, another dying declaration was recorded by the police. After receiving the news of death of Sharda, the parents of Sharda who hail from Degaon tahsil, district Sholapur, visited Ambajogai hospital and complaint came to be lodged by father of Sharda on 7-3-1992. Crime came to be registered on the basis of report filed by Shardas father Sadashiv for the offence punishable under section 498-A and 306 of the Indian Penal Code under Crime No. 44/92. Earlier, spot panchanama came to be recorded on 9-3-1992 by P. S. I. Pandit kendre (PW 12 ). He arrested the accused No. 1 on 9-3-1992. Subsequently, accused No. 2, keep of accused No. 1, came to be arrested on 14-3-1992. After investigation, charge-sheet came to be filed against the present appellant and accused No. 2, his keep and mistress. ( 3 ) BEFORE learned trial Judge, as many as 13 witnesses were examined. Apart from Sadashiv Ankush (PW 1), (the father of deceased, who had lodged the report at Exhibit 18), police officials and Tahsildar who had recorded dying declaration, were also examined. Certain letters and documents were placed on record and proved by Sadashiv, father of deceased and oral evidence was also led in order to prove the illicit relations between the appellant and original accused no. 2 and also the ill-treatment which was meted out by the present appellant to the deceased Sharda. There was reference in some documents in which deceased has stated to have seen the appellant in the company of accused No. 2. The documents suggested that the appellant used to pick up quarrels with the deceased on triffle matters. Learned trial Judge found the dying declarations of the deceased declarant to be truthful and inspiring confidence. There was other evidence, documentary as well as oral, to show that the deceased was subjected to cruelty. Learned trial Judge found him guilty and he proceeded to convict him as stated in earlier para of this judgment. By the same judgment, original accused no. 2, the keep and mistress of accused No. 1, came to be acquitted. ( 4 ) I have heard Shri N. N. Shinde, learned Counsel for the appellant and learned Additional Public Prosecutor in the matter, with the assistance of learned counsel, the entire evidence, oral as well as documentary, has been perused by me. 2, the keep and mistress of accused No. 1, came to be acquitted. ( 4 ) I have heard Shri N. N. Shinde, learned Counsel for the appellant and learned Additional Public Prosecutor in the matter, with the assistance of learned counsel, the entire evidence, oral as well as documentary, has been perused by me. The judgment, which is impugned, has also been carefully gone through. ( 5 ) AT the outset, I may say that there is overwhelming evidence in this case that the deceased was subjected to cruelty by the appellant. There is evidence in the form of dying declarations. Dying declarations, three in number, were recorded by police officials as well as Executive Magistrate. Apart from that, there is documentary as well as oral evidence, which is trustworthy and credible and for reasons which are discussed herein, there is no scope for interference in this case, either with regard to conviction or sentence. Learned Judge has already taken lenient view with regard to the sentence as the appellant has been sentenced to one year R. I. for the offence punishable under section 498a of the indian Penal Code. ( 6 ) IT would be noted that the appellant has been convicted for the offence punishable under section 498-A [explanation (a)] of the Indian Penal Code. The conduct of the appellant has been found to be of such a nature which was like to drive any woman to commit suicide or to cause grave injury or danger to the life or health of the deceased. ( 7 ) THE incident in question took place admittedly on 2-3-1992 at about 11-30 a. m. It is stated that there was quarrel between husband and wife and she set herself on fire, and after her husband came to know, she was admitted in the hospital. The spot panchanama which came to be recorded and proved at Exhibit 12, shows that the place of incident is the bed room, which contained a cot, one table and table cloth. The beds were partly burnt and table cloth was also burnt. The incident had taken place at Udgir in the house of accused No. 1. Sharda was admitted in the hospital at Udgir, and later, she was shifted to a hospital at ambajogai, a city at a distance of 60 kms. from Udgir. The beds were partly burnt and table cloth was also burnt. The incident had taken place at Udgir in the house of accused No. 1. Sharda was admitted in the hospital at Udgir, and later, she was shifted to a hospital at ambajogai, a city at a distance of 60 kms. from Udgir. ( 8 ) TWO dying declarations were recorded while Sharda was at Udgir and one was recorded at Ambejogai. The dying declarations have been duly proved and they are on record at Exhibits 92, 113 and 114. The first dying declaration came to be recorded at Udgir by P. H. C. Chanbas Kumbhar, PW 2. The second dying declaration (at Exhibit 113) also came to be recorded at Udgir, by executive Magistrate Shankar Zanke (PW 11) and the third dying declaration came to be recorded by police official, which is at Exhibit 114. Though at the time of recording of first dying declaration, the doctor was not available but the dying declaration which is recorded at Exhibit 114, bears an endorsement by the medical officer that patient is able to make the statement. The dying declaration at Exhibit 113 is recorded by Naib Tahsildar Shankar Laxman Zanke (PW11 ). This dying declaration also was recorded after the medical officer certified that she was able to make the statement. It would be convenient to reproduce below the dying declaration recorded by the Executive Magistrate, which is on record at exhibit 113 - On perusal of the other dying declaration, it would be seen that all the dying declarations are consistent and in all the dying declarations, the declarant has stated that she was disgusted with the conduct of the accused, that her husband, the appellant, had kept a mistress and used to quarrel with her. Finally, she stated that because of the conduct of her husband which become unbearable to her, she set herself on fire. I have verified the oral evidence of the witnesses related to recording of these dying declarations and I have gone through the reasonings given and findings recorded by learned trial Judge and I am in agreement with the findings recorded by the learned trial Judge who held that these three dying declarations are truthful and inspire confidence. ( 9 ) APART from these dying declarations, the father of the deceased placed on record many letters and documents. ( 9 ) APART from these dying declarations, the father of the deceased placed on record many letters and documents. These are - letter dated 20-8-1991 (Exhibit 24), a chit handed over to father by deceased Sharda (Exhibit 25), another chit (Exhibit 26) handed over by her to her father and letters dated 1-10-1991 and 14- 10-1991 at Exhibits 27 and 28. These letters and notes are written by the deceased to her father between the period from 1989 to 22-11-1991. She committed suicide on 2-3-1992 and in the letters, which she has been addressing to her father, circumstances leading to her commission of suicide have been stated. She has stated in these letters about the fact that accused used to pick up quarrels on triffle matters, that accused No. 1 was seen in the company of accused No. 2 and in her absence, accused No. 2 was brought by him at home, that he was leaving house pretending that he was going to office, but, in fact, he visited accused No. 2. In addition to this documentary evidence, relatives of the deceased have been examined to show the illicit relationship between accused no. 1 and accused No. 2. Thus, in the present case, there is absolutely no scope to doubt that the deceased committed suicide by setting herself on fire. There is no scope to doubt about the admissibility and truthfulness of the dying declarations on record. The other evidence, oral as well as documentary, is also trustworthy and credible. ( 10 ) LEARNED trial Judge has rightly appreciated the oral as well as documentary evidence on record and has also correctly interpreted and applied the provisions of section 498a of the Indian Penal Code and the explanation (a) to the section. I find the judgment of the trial Judge well written and the approach is found to be balanced and reasonable. There is no scope or reason to interfere in the matter. The conduct in the present case of the appellant was certainly of such a nature which would certainly likely to drive any woman to commit suicide or to cause grave injury or danger to the life or health of the deceased. There is absolutely no doubt in this regard. As stated earlier, there is overwhelming evidence that woman Sharda was subjected to cruelty. There is absolutely no doubt in this regard. As stated earlier, there is overwhelming evidence that woman Sharda was subjected to cruelty. The conduct of the present appellant was certainly of such a nature which was likely to drive Sharda to commit suicide and she did commit suicide. The appellant, therefore cannot escape the conviction and the sentence. There is no merit in this appeal. Criminal appeal is dismissed. The appellant shall surrender to his bail to serve out the sentence. Appeal dismissed.