Judgment ( 1. ) THIS appeal has been preferred against the judgment dated 12/8/1996, passed by IIIrd Additional Sessions Judge, Chhindwara in Sessions Trial No. 90/89 convicting and sentencing the appellant as under with a further direction that the custodial sentences shall run concurrently : convicted under Section Sentenced to 498-A of the IPC undergo R. I. for one year and to pay fine of Rs. 1000/-in default, to suffer R. I. for six months. . 306 of the IPC undergo R. I. for 4 years and to pay fine of Rs. 2000/in default, to suffer R. I. for six months ( 2. ) THE following facts are not in serious dispute: (a) Kalawati was the maiden name of the deceased. Her parental home was situated at Bairagarh, a suburb of bhopal (M. P. ). She was the real sister of Moolchand (PW13), Chandra Prakash (PW15) and Late Shobhraj, the husband of Lajwanti (PW14 ). Her marriage was solemnized with the appellant, a resident of Bhatapara, district Raipur (now in C. G.) on 29/1/1981 and, at the matrimonial home her name was changed as Kanta. In the wedlock, a son, named as Shailesh, was born. He was about five years of age at the time of his mother"s untimely death. (b) Initially, the appellant was in a private job. After marriage, he was selected by Public Service commission for appointment to the State Accounts service. At the relevant point of time, he was posted as accounts Officer at Chhindwara, where he was residing in a Government Bungalow with his wife, son and younger brother Ravi (DW5 ). In one of its rooms, earmarked for use as kitchen, dead body of Kalawati @ kanta (hereinafter referred to as "kanta") was found lying in a severely burnt condition on 11/1/1989. The appellant, who had returned from Bhopal a few hours before the death of Kanta, was inside the bungalow at the time of the occurrence. ( 3. ) PROSECUTION story, in short, may be narrated as under: (i) Soon after entering into matrimonial relationship with kanta, the appellant started subjecting her to torture and harassment on one pretext or the other. Eventually, in the year 1984, Kanta, while declining to return to her matrimonial home, continued to reside at her brother"s house at Bairagarh for a considerable period. Eventually, in the year 1984, Kanta, while declining to return to her matrimonial home, continued to reside at her brother"s house at Bairagarh for a considerable period. It was after obtaining an undertaking, duly executed on a stamp paper by the appellant, to lead a congenial marital life with her that Kanta"s brothers agreed to send her back to her in-laws house at bhatapara. But, even after the undertaking, the appellant failed to show any improvement in his cruel behaviour. In turn, Kanta also continued to inform his elder brother Shobhraj about the ill-treatment meted out to her by writing letters from time to time. However, in his correspondence with Shobhraj only, the appellant, while tendering apology for his past misdemeanors, used to assure that he would not provide any future cause of complaint as to the domestic violence. However, the strains in matrimonial relationship continued to exist for another prolonged period. Ultimately, on 11/1/1989, Kanta was found dead in a severely burnt condition at the time when the appellant was present in the nearby room of his official residence. (ii) C. S. Narula (PW7), one of the neighbours, who rushed to the spot after hearing hue and cry raised by the appellant, informed the police accordingly. Thereupon, marg was registered at P. S. Chhindwara. During inquiry, Deputy Superintendent of Police R. S. Tiwari (since dead) inspected the spot; seized a plastic can; one wick stove; a matchbox soaked in kerosene; one lantern with its lid lying at a distance; one hasp of the door with two screws, and pieces of burnt clothes including rear part of Kanta"s brassier therefrom. (iii) During inquiry, certain letters addressed to Shobhraj and written by Kanta, the appellant and his brother ramesh, indicating that she was harassed and tortured by the appellant during the corresponding period were also seized. (iv) After inquest proceedings, dead body of Kanta was sent for post-mortem. It was performed by a team of doctors comprising of Dr. S. S. Nadkar and Dr. A. M. Verma. In their opinion, shock on account of extensive burns was the cause of Kanta"s death. In the light of these background facts and circumstances, on 19/1/1989 inspector M. S. Farooqui proceeded to register a case, under Sections 498a and 306 of the IPC at P. S. Chhindwara. S. S. Nadkar and Dr. A. M. Verma. In their opinion, shock on account of extensive burns was the cause of Kanta"s death. In the light of these background facts and circumstances, on 19/1/1989 inspector M. S. Farooqui proceeded to register a case, under Sections 498a and 306 of the IPC at P. S. Chhindwara. (v) During investigation, copy of the deed of undertaking and specimen handwriting of the accused/appellant available on certain leave applications were also seized and were referred to the Govt. Examiner of Questioned documents for opinion. He found that the letters containing confessions were written to Shobraj by none other than the appellant himself. ( 4. ) ON being charged with these offences, the appellant pleaded not guilty and claimed to be tried. In the examination, under Section 313 of the Code of Criminal Procedure (for short "the Code"), he further denied to have written the questioned letters (Ex. P-30 to P36 ). However, the contents of post-mortem report (Ex. P-3) were admitted by the defence. ( 5. ) TO bring home the charges, prosecution examined as many as 16 witnesses including brothers Moolchand (PW13) and Chandra prakash (PW15) and Bhabhi (sister-in-law) namely Lajwanti (PW14)of the deceased. The appellant also produced 5 witnesses including his younger brother Ravi Tanvani (DW5), cousin Murlidhar (DW2)and brother-in-law Bhishmadas (DW3) in evidence. ( 6. ) TAKING into consideration the entire evidence, the learned trial judge, for the reasons recorded in the judgment under challenge, came to the conclusion that the appellant was not only guilty of cruelty as defined in Section 498a of the IPC but had also abetted the commission of suicide committed by his wife. He, accordingly, convicted and sentenced him as indicated hereinabove. ( 7. ) LEGALITY and correctness of the impugned convictions have been assailed on various grounds. However, the learned Deputy govt. Advocate, while making reference to the incriminating pieces of evidence available on record, has contended that the convictions in question are well-merited. It is relevant to note that the documentary evidence on record comprises of 74 documents in all. Further, as pointed out already, this Court is also required to re-appreciate oral evidence of as many as 21 witnesses. Advocate, while making reference to the incriminating pieces of evidence available on record, has contended that the convictions in question are well-merited. It is relevant to note that the documentary evidence on record comprises of 74 documents in all. Further, as pointed out already, this Court is also required to re-appreciate oral evidence of as many as 21 witnesses. It would, therefore, be more appropriate and convenient to examine the rival contentions under the corresponding sub-heads in the following manner : Nature of Kanta"s death as indicated already, the contents of the post-mortem report (Ex. P-3), prepared by a team of doctors comprising of Dr. S. S. Nadkar and Dr. A. M. Verma, were admitted. The relevant extracts may be reproduced as under: "body of female, moderate built, 26 years F, Pugilistic attitude, Rigor mortis present all over body, Nails pale, both eyes slightly open, tongue protruded and in between teeth, burnt clothing over trunk, kerosene oil smell present. Following ante mortem burns seen on the body except dorsal and plantar aspect of feet, all body surface extensively burnt. Gr. III and Gr. II burn, more market over upper portion of body, hairs of scalp burnt, /torn/ on the occipital area, blackish sooty present on the head and trunk and upper arm, both side, right ears (pinna totally burnt), white left pinna burn with earrings. Red lining present over few places in upper and lower limb, tongue burnt (Black in colour ). " Internal examination : cranium and spinal canal scalp, skull and vertebrae : N membrane : Congested brain : Congested Thorax walls, ribs and cartilages : Burnt, are already described. Pleura : Congested larynx and trachers : Congested and contain live blackish sooty particle. Right lung : Congested left lung : Congested percareium : NAP heart : Full ventricle empty. Large Vessals : - Abdomen walls : Burnt, already described. Peritonium : - Mouth and oesophagus mentioned earlier Pharynx stomach and its : containing liquid material, contents about 100 ml. Small intestine and : marus liquid. its contents. Large intestine and : fecal matter and gasses. its contentnts. Liver : congested spleen : Congested kidneys : Congested. Organs of generation : Healthy non gravid. external and internal. Cause of death is due to shock on account of extensive burns. ( 8. Small intestine and : marus liquid. its contents. Large intestine and : fecal matter and gasses. its contentnts. Liver : congested spleen : Congested kidneys : Congested. Organs of generation : Healthy non gravid. external and internal. Cause of death is due to shock on account of extensive burns. ( 8. ) THE autopsy report further indicated that the pieces of burnt skin from left upper arm, left thigh, burnt clothing and scalp hairs, chappals, earrings, glass bangles and ring found in the middle finger, were also preserved along with viscera for forensic examination. However, corresponding report of the Forensic Science laboratory, Sagar reflects that the viscera was not found to contain any chemical poison and also that the other articles including the pieces of burnt skin were not analyzed by the Forensic Expert. ( 9. ) LEARNED counsel for the appellant, while placing reliance on the decisions of the Apex Court in Wazir Chand vs. State of haryana AIR 1989 SC 378 and Satvir Singh vs. State of Punjab air 2001 SC 2828 , has strenuously contended that no offence under Section 306 of the IPC was made out against him as the factum of suicide was not established from the expert evidence. ( 10. ) IT is true that the panel of autopsy surgeons had not given any definite opinion as to the nature of death but the availability of carbon particles in the Trachea was indicative of the fact that the burn injuries were ante-mortem in nature. There is no evidence to suggest that at any point of time, preceding her death, Kanta had raised alarm or attempted to save herself while burning. ( 11. ) INCIDENTALLY, no dispute, either in the cross-examination or examination under Section 313 of the Code, was raised as to circumstances prevailing on the spot. These circumstances were vividly reflected in the Inquest Panchnama (Ex. P-1) that was proved by panch witnesses Gaya (PW3) and Virendra Singh (PW12) and also in the seizure memo (Ex. P-4 and Ex. P-5), contents of which were duly proved by the panch-witnesses Mohan Lal (PW4) and harish Chand Saxena (PW5 ). The seizure lists contained description of the articles viz. plastic can, stove, lantern, match box, burnt clothing and match sticks found at the spot and the Inquest panchnama (Ex. P-4 and Ex. P-5), contents of which were duly proved by the panch-witnesses Mohan Lal (PW4) and harish Chand Saxena (PW5 ). The seizure lists contained description of the articles viz. plastic can, stove, lantern, match box, burnt clothing and match sticks found at the spot and the Inquest panchnama (Ex. P-1) delineated their respective locations relative to dead body of Kanta that was found lying in kitchen-room near oven. As reflected in the Inquest Panchnama, her tongue was protruding and the western and northern wall of the kitchen had blackened due to smoke. It also came in the evidence of neighbours namely C. S. Narula (PW7) and Ashok Kumar Shivhare (PW2) that the room in which Kanta"s dead body was lying was found closed from inside. ( 12. ) IN the light of these facts and circumstance, coupled with the opinion of the medical as well as the forensic experts, the theory of accident as propounded by the defence was rightly rejected by the learned trial Judge. In other words, it was proved beyond a reasonable doubt that the nature of death of Kanta was neither homicidal nor incidental but was suicidal in nature. Cruelty ( 13. ) BEFORE proceeding to re-appraise the prosecution evidence on the point of cruelty, it is to be borne in mind that charges under sections 306 and 498a of the IPC are independent of each other giridhar Shankar Tawade vs. State of Maharashtra (2002) 5 SCC 177 referred to ). Explaining the difference between Section 498a and 306 of the IPC, this Court in Girijashankar vs. State of M. P. 1989 Cri. L. J. 242 has held that the difference is that of intention. Under Section 498a of the IPC, the cruelty is committed by the husband and his relations dragging the woman to commit suicide, while under Section 306 of the IPC, suicide is abetted and intended. ( 14. ) HOWEVER, in the case on hand, the instances prior to introduction of Section 498a of the IPC cannot be taken into account for ascertaining the corresponding liability in view of the fact that penal provision, inserted by way of Criminal Law (Second amendment) Act of 1983, was brought into force w. e. f. 25/12/1983. ( 15. ) THE prosecution sought to prove the past instances of cruelty by leading oral as well as documentary evidence. ( 15. ) THE prosecution sought to prove the past instances of cruelty by leading oral as well as documentary evidence. The documentary evidence comprised of (1) letters (Ex. P-12, P-15, P-20, P-23, P-24, p-25 and P-26) said to have been written by Kanta to his brother shobhraj (2) letters addressed to Shobhraj, Kanta and Shaillesh, allegedly scribed by the appellant himself (Ex. P-30 to P-36) and (3)photocopy of the deed of undertaking (Exhibited twice as P-11 and p-29 ). Corresponding covering memo (Ex. P-21) and letter (Ex. P-22)said to have been written by his younger brother Ramesh. The fact that these documents were seized from the possession of Shobhraj was duly proved by the panch witnesses namely Mirchumal (PW8)and Bhajanlal (PW9) by corroborating the contents of corresponding seizure memo (Ex. P-16 and Ex. P-17 respectively ). Nothing significant could be elicited in their cross-examination. ( 16. ) THE assertion made by Lajwanti (PW14) and corroborated by her brothers-in-law Moolchand (PW13) and Chandra Prakash (PW15) that Kanta used to reflect trauma and agony suffered by her by writing letter to Shobhraj only. Genuineness of none of these letters was challenged specifically by the appellant at any stage of trial. A bare reading of these letters (Ex. P-12, P-15, P-20 and P-23 to P-26) would reveal that Kanta had been persistently subjected to physical and mental torture during the corresponding period. It is relevant to note here that in the last letter (Ex. P-26) that appears to have been written a few days before the incident in question, the appellant was referred to as a neech (mean) and Gira Hua (degraded) person whereas in an earlier letter (Ex. P-25) she had expressed intention to commit suicide. ( 17. ) LAW is well settled on the point that even in a case of suicide, letters written by the deceased which are directly connected with or related to death in question would fall within four corners of Section 32 of the Indian Evidence Act (See Sharad Biridhichand Sarda vs. State of Maharashtra AIR 1984 SC 1622 ). Accordingly, the letters written by Kanta to her elder brother Shobhraj were rightly admitted in evidence as statements relating to circumstances culminating into her death. ( 18. ) ALTHOUGH, the appellant did not admit that the letters (Ex. Accordingly, the letters written by Kanta to her elder brother Shobhraj were rightly admitted in evidence as statements relating to circumstances culminating into her death. ( 18. ) ALTHOUGH, the appellant did not admit that the letters (Ex. P-30 to P-35) were written by him only yet, his denial was falsified by a contrary opinion given by H. S. Tomar (PW16), the Govt. Examiner of questioned Documents. The corresponding report (Ex. P-17) clearly reflects that the opinion was based on a scientific analysis of data obtained by comparing the questioned handwriting and signatures with specimen handwriting and signatures as available in the leave applications (Ex. P-7 and P-10) submitted by the appellant in his office and the copies of the questioned letters and other documents (Ex. P-37 to Ex. P-72) prepared by him. ( 19. ) THUS, from the evidence of the handwriting expert, it was clearly established that the questioned letters (Ex. P-30 to P-35)were authored by the appellant only. Amongst these letters, the one addressed to Shailesh (marked as Ex. P-36) reflected his intention to take custody of child after a certain period; the letters addressed to kanta (Ex. P-34 and Ex. P-35) contained admission regarding excesses on his part whereas the letters written to Shobhraj (Ex. P30, p-31, P-32 and P-35) on 15/10/1989, 31/10/1989 and 26/03/1985 respectively speak about events of maltreatment leading to a separate living of Kanta and persistent decline of her brother shobhraj to send her back to matrimonial home. The last of the letters (Ex. P-35) not only contained admission of certain Galtiyan (mistakes) but also a threat to dissolve the marriage, in case Kanta was not sent to her matrimonial home with Ramesh. ( 20. ) IT is true that photocopy of the deed of undertaking (Ex. P-29)is the secondary evidence of contents of the original, which, as per the prosecution version, was submitted by Ramesh before Shobhraj with a covering memo (Ex. P-21 ). There was yet another document scribed by Ramesh in the form of an inland letter (Ex. P-22)acknowledging that Kanta was subjected to atrocities by his brother viz. the appellant. It is relevant to note that out of these documents, only copy of the deed of undertaking was forwarded to the Examiner of Questioned Documents. However, the expert viz. P-21 ). There was yet another document scribed by Ramesh in the form of an inland letter (Ex. P-22)acknowledging that Kanta was subjected to atrocities by his brother viz. the appellant. It is relevant to note that out of these documents, only copy of the deed of undertaking was forwarded to the Examiner of Questioned Documents. However, the expert viz. H. S. Tomar (PW16) had refused to give any opinion on the ground that it was not an original document. Although, Moolchand (PW13), after reiterating the assertion as made in his case diary statement (Ex. D1)that the original deed of undertaking was returned to the appellant disclosed that her brother Shobhraj had drafted another undertaking on a stamp, that was in his possession only yet, as explained by him, Shobhraj had agreed to send Kanta back to appellant"s house only upon the deed of undertaking ultimately executed by the appellant brought by Ramesh. ( 21. ) IN such a situation, Ramesh, the younger brother of the appellant, would have been the best witness to say that no such deed existed. However, the defence preferred not to examine him. The non-examination of Ramesh as the most material witness, for disproving the existence of deed of undertaking was a significant circumstance against the appellant. Taking note of these facts, the learned Judge did not commit any illegality in admitting the photocopy of the deed in evidence. Even a contrary view would not assume any significance as there was other overwhelming documentary evidence on record to indicate that the matrimonial relationship between the appellant and his wife had continued to remain strained for a considerable period preceding the incident in question. ( 22. ) SHOBHRAJ, the elder brother of the deceased, expired before being examined as a prosecution witness in the case. However, not only his wife Lajwanti (PW14) but also younger brothers Moolchand (PW13) and Chandra Prakash (PW15) duly substantiated the allegations pertaining to cruelty, as communicated by the deceased from time to time to Shobhraj. The specific instances of cruelty as described by them may be summed up as under : (i) In the year 1983, during a quarrel that ensued over a tooth-brush, the appellant had beaten Kanta in his in-laws house at Bairagarh, where he had come to attend marriage of her younger brother namely Govind. The specific instances of cruelty as described by them may be summed up as under : (i) In the year 1983, during a quarrel that ensued over a tooth-brush, the appellant had beaten Kanta in his in-laws house at Bairagarh, where he had come to attend marriage of her younger brother namely Govind. (ii) On the festive occasion of Raksha Bandhan in 1984, the appellant did not allow Kanta to tie Rakhi on wrist of her brother Moolchand (PW13), who had gone to bhatapara to celebrate the festival. (iii) In the year 1985 only, Kanta was forced to leave company of the appellant at Gondia near Nagpur where she had come along with the appellant to participate in a wedding ceremony and, further, she was compelled to travel in a Bhopal-bound train without ticket and was also not allowed to wear chappals. ( 23. ) HOWEVER, evidence of these close relatives of the deceased suffered from embellishments. For example, the allegations to the effect that after denuding her or for compelling her to bring more money from her brothers do not find place in their corresponding police statements (Ex. D-2, D-1 and D-3 respectively ). Inviting attention to these improvements made by brothers and sister-in-law of Kanta in their statements on oath, learned counsel for the appellant has submitted that their evidence was not acceptable in view of the fact that none of the letters contained reference to any dowry demand. To fortify the argument, reliance has been placed on the ratio laid down by the Apex Court in Ashok Vishnu Daware vs. State of Maharashtra (2004) 9 SCC 431 . However, in that case, the statements regarding harassment also were too general. Further, as pointed out by the Supreme Court in Sharad"s case AIR 1984 SC 1622 (supra), the related witnesses have a tendency to exaggerate or add facts and their evidence should be examined with great care and caution to find out whether what they had stated was true or not. Thus, mere relationship or improvement, by itself, would not be sufficient to discard entire testimony of a closely related witness whereas in the case on hand, corresponding testimony of the related witnesses was corroborated in material particulars from the documentary evidence on record. Thus, mere relationship or improvement, by itself, would not be sufficient to discard entire testimony of a closely related witness whereas in the case on hand, corresponding testimony of the related witnesses was corroborated in material particulars from the documentary evidence on record. In this view of the matter, the learned trial Judge, while discharging the solemn duty of separating the grain from the chaff, rightly accepted the wholly reliable part of the statements of the brothers and sister-in-law of Kanta. ( 24. ) ADVERTING to the specific instances of cruelty, it may be seen that the tooth-brush related incident, though not relevant for the purpose of determining the penal liability for the offence under section 498a of the IPC, that was introduced at a later point of time, was an eye-opener for the relatives of Kanta, who had hitherto only heard about the maltreatment and torture meted out to her. ( 25. ) MOOLCHAND (PW13) corroborated the facts relating to the incident that occurred on the festival of Raksha Bandhan in 1984 at bhatapara. According to him, the appellant had not allowed Kanta to tie Rakhi around his wrist and, in such a situation, Rajee, wife of appellant"s cousin Murlidhar (DW2), who being related as sister, had tied the sacred thread of Rakhi on his hand. Although, Murlidhar (DW2) asserted that no such occasion has arisen yet, he clearly admitted that Moolchand had come to Bhatapara on the eve of raksha Bandhan in 1984. There can not be any conflict with the proposition that defence witnesses are entitled to equal treatment with those of the prosecution (Dudh Nath Pandey vs. State of U. P air 1981 SC 911 referred to) but, their evidence also requires an objective scrutiny. It may be pointed out that in his zeal to support the version of his cousin viz. the appellant Murlidhar adopted a partisan approach not only by blaming Kanta for creating rift in her marital relationship but also by expressing ignorance about the fact of separation of spouses. His evidence, therefore, was rightly discarded by the learned trial Judge while holding that the moolchand had given a true account of the Rakhi eposide. ( 26. ) THE third manifestation of cruelty by compelling Kanta to perform train journey all-alone without ticket was also duly substantiated by Moolchand. Moreover, its veracity was also admitted by the appellant in his letter (Ex. ( 26. ) THE third manifestation of cruelty by compelling Kanta to perform train journey all-alone without ticket was also duly substantiated by Moolchand. Moreover, its veracity was also admitted by the appellant in his letter (Ex. P-30) as "nagpur tragedy". ( 27. ) AS projected by Kanta in one of her letters (marked as Ex. P25), another incident that proved to be a recurring cause of torture meted out to her related to television. According to her, Shobhraj could not even assess the extent of difficulty faced by her for his refusal to provide a television to the appellant. However, learned counsel for the appellant, while making reference to the relevant part of statement of Lajwanti (PW14) has contended that the expression did not reflect harassment for non-satisfaction of demand of television in dowry. The contention has substance, as according to lajwanti, on a Sunday evening, when the appellant was watching a film on television at her residence, it was turned off by Shobhraj in view of the fact that that her mother-in-law, a heart patient, was lying in the adjacent room in a serious condition. Although, she denied the suggestion that the appellant was not allowed to take T. V. to the first floor of the house yet, it was evident from the relevant extracts of the subsequent letters that the incident turned out to be a permanent pretext for his cruel behaviour with Kanta. ( 28. ) IN order to rebut the charge of cruelty, the appellant examined his colleague Manoj Shrivastava (DW1), younger brother Ravi (DW5) and cousin Murlidhar (DW2 ). Manoj corroborated the fact that in the year 1986, while undergoing training in the academy at bhopal, the appellant had taken special permission to keep Kanta with him in the Hostel room. He further deposed that during the training period, the appellant had maintained a cordial relationship with his in-laws also. According to Ravi, he had been residing with the couple for nearly two years prior to the incident in question and during this period, the appellant had not entered into any domestic quarrel with Kanta. Bhishmadas (DW3), who, as per the prosecution case, had played a significant role in brining about a settlement by attesting the deed of undertaking, completely denied the corresponding fact. Bhishmadas (DW3), who, as per the prosecution case, had played a significant role in brining about a settlement by attesting the deed of undertaking, completely denied the corresponding fact. Further, like Murlidhar, he also made an attempt to establish that Kanta was not only reluctant to live in a joint family but was also disrespectful to senior members thereof. But, the fact of the matter is that no such complaint was made by the appellant in any one of his letters addressed to Shobhraj. Moreover, the assertion made by Ravi as to the nature of relationship between his brother and Bhabhi was falsified by the contents of the last three letters (Ex. P-24, P-25 and P-26) written by Kanta to Shobhraj. ( 29. ) THE apart, the fact that none of the neighbours namely Ashok kumar Shivhare (PW2), C. S. Narula (PW7) and Arun Kumar (DW4)had supported the prosecution version that the marital relationship between the appellant and Kanta was far from being normal, also did not assume any significance. Considering the social status of the appellant and the locality where the place of occurrence was situated, it was not expected that physical torture or harassment of kanta should be made within the view or hearing of the inhabitants of the neighbourhood (See. State of W. B. vs. Orilal Jaiswal (1994) 1 SCC 73 ). ( 30. ) AS rightly pointed out by Andhra Pradesh High Court in alamuri Lalitha Devi vs. State of A. P. 1995 CRI. L. J. 2127, the legislature has not preferred to give any comprehensive definition of cruelty for the purpose of Section 489-A of the IPC. Further, cruelty has not been defined under Section 13 (1) (i-a) of the Hindu Marriage act but, in relation to matrimonial matters it is contemplated as a conduct of such type, which endangers the living of the petitioner with the respondent (Savitri Pandey vs. Prem Chandra Pandey (2002) 2 SCC 73 referred to ). ( 31. ) IT is true that none of the letters relied upon by the prosecution contained any demand for dowry but, as explained by the Supreme court in Giridhar"s case (2002) 5 SCC 177 , in the statutory provision under Section 498a of the IPC, two specific instances have been taken note of in order to ascribe a meaning to the word "cruelty", where explanation (a) involves three specific situations viz. (1) to drive a woman to commit suicide or (2) to cause grave injury or (3) to cause danger to life, limb or health, both mental and physical. In explanation (b) there is an absence of physical injury that includes coercive harassment which obviously is equally heinous to match the physical injury, where one is patent, the other one is latent, but equally serious in terms of the provisions of the statute since the same would also embrace the attributes of cruelty in terms of section 498-A of the IPC. ( 32. ) HOWEVER, learned counsel for the appellant still contended that even if the acts of cruelty alleged to have been committed during the periods from 1984 to 1986 are found to be proved from the evidence on record, his conviction for the offence under Section 498a of the ipc would not be sustainable in view of fact that by virtue of Section 468 (2c) of the Code, its cognizance could only be taken within the prescribed period of three years. The contention is, apparently, untenable as the appellant was charge-sheeted not only for the offence under Section 498a but also for that punishable under section 306 of the IPC with an imprisonment for a maximum term of 10 years. A three judge Bench of the Apex Court in State of H. P. vs. Tara Dutt AIR 2000 SC 297 , while considering an identical question, has held that the period of limitation has to be determined with reference to the offences the accused was charged with and not with reference to the charges he was convicted under. This apart, as concluded already, the systematic and persistent maltreatment given to Kanta had come to an end with her untimely death only. Therefore, each act of cruelty to which she was subjected, provided a new starting point of limitation (Arun Vyas vs. Anita Vyas AIR 1999 SC 2071 followed ). ( 33. ) FURTHER, while making reference to a decision of the Apex court in Sakatar Singh vs. State of Haryana AIR 2004 SC 2570 , learned counsel for the appellant has strenuously contended that the trial was vitiated due to the fact that he was not properly examined under Section 313 of the Code with reference to the alleged extrajudicial confessions made in some of his letters addressed to shobhraj. However, the fact remains that there were as many as 25 substantial questions including the one pertaining to the letters (Ex. P-30 to P-36) were asked in the examination. Further, the so-called vagueness in the corresponding questions was not sufficient to mislead the appellant, who was a member of State Accounts service, in his defence or to occasion a failure of justice. ( 34. ) TO conclude, in the light of the overwhelming oral as well as documentary evidence on record as re-appreciated above, the learned trial Judge did not commit any illegality in holding that Kanta had been subjected to physical as well as mental cruelty by the appellant almost throughout their marital life. Abetment to commit suicide ( 35. ) WHILE making reference to the pronouncement of the Supreme court in Sanju @ Sanjay Singh Sengar vs. State of M. P. 2002 AIR scw 2035, learned counsel for the appellant has contended that conviction of the appellant for the offence punishable under Section 306 of the IPC is not sustainable in law as there was no evidence on record to show that the suicide was a direct result of any immediately preceding quarrel. However, admittedly, the appellant had returned from Bhopal on the fateful day a few hours before the incident in question. Peon Bhiayalal (PW1) was emphatic in stating that the appellant had not returned till 12 noon. Had Kanta desired to end her life due to any other reason, she could have done so in absence of the appellant only. In this view of the matter, being the only other person present in the bungalow at the time of alleged occurrence, he was expected to be aware of the circumstances surrounding the death of his wife. ( 36. ) EVEN though, the prosecution has to establish prima facie the case in the first instance yet, it is not the law of the country that the prosecution has to eliminate all possible evidences and circumstances, which may exonerate him. If those facts are within the knowledge of the accused then he has to prove them. In this view of the matter, the non-explanation of the circumstances during the period intervening his return from Bhopal and untimely death of his wife Kanta was the strongest possible circumstance to discredit the defence version. If those facts are within the knowledge of the accused then he has to prove them. In this view of the matter, the non-explanation of the circumstances during the period intervening his return from Bhopal and untimely death of his wife Kanta was the strongest possible circumstance to discredit the defence version. For this, reference may be made to a decision of Apex Court in Gajendra Singh vs. State of U. P. AIR 1975 SC 1703 . Thus, the decision in Sanju"s case 2002 AIR SCW 2035 (above) is also of no avail to the appellant. ( 37. ) AS pointed out already, circumstances of the transaction, leading to an unnatural death of Kanta, included oral as well as documentary evidence of cruelty which produces a state of mind favourable to suicide (See. Kans Raj vs. State of Punjab (2000) 5 scc 207 ). ( 38. ) WHILE placing reliance on the principle of law laid down in bater vs. Bater (1950) 2 ALL ER 458, the Apex Court in Orilal jaiswal"s case (1994) 1 SCC 73 explained the true meaning and scope of the rule of benefit of doubt. It was observed that an exaggerated devotion to the rule of benefit of doubt must not nurture fanciful doubts or lingering suspicions and thereby destroy social defence. However, the following note of caution was also sounded: "the Court should be extremely careful in assessing the facts and circumstances of each case and the evidence adduced in the trial for the purpose offinding whether the cruelty meted out to the victim had in fact induced her to end the life by committing suicide. If it transpires to the Court that a victim committing suicide was hypersensitive to ordinary petulance, discord and differences in domestic life quite common to the society to which the victim belonged and suchpetulance, discord and differences were not expected to induce a similarly circumstanced individual in a given society to commit suicide, the conscience of the Courtshould not be satisfied for basing a finding that the accused charged of abetting the offence of suicide should be found guilty" ( 39. ) APPRECIATING the evidence on record in the wake of the afore-quoted guideline, it may be seen that there is no material on record to suggest that Kanta was hypersensitive to ordinary petulance. ) APPRECIATING the evidence on record in the wake of the afore-quoted guideline, it may be seen that there is no material on record to suggest that Kanta was hypersensitive to ordinary petulance. On the contrary, tenor of the letters written by her was sufficient to indicate her maturity in understanding the complexity of an unhappy domestic life. Accordingly, the appellant was rightly held guilty of abetting commission of suicide by his wife Kanta. Non-examination of the Investigating Officer ( 40. ) NO dispute was raised as to correctness of site plan and contents of the lists of seizure and the inquest report prepared by the investigating officer viz. Dy. S. P. R. S. Tiwari, who, admittedly, died later on. It is well-settled that non-examination of the investigating Officer does not, in every case, cause prejudice or affect the credibility of the prosecution witnesses. For this, reference may be made to the ratio laid down by the Apex Court in Ramdev vs. State of U. P. 1995 Supp (1) SCC 547 and re-affirmed in all subsequent decisions on the point including the one in Rajkishore jha vs. State of Bihar AIR 2002 SC 4664. ( 41. ) A bare perusal of the record would reveal that Inspector M. I. Farooqui only scribed the FIR and recorded statement of govindram, who was not examined by the prosecution. He remained present on two consecutive dates of hearing on 25th and 26th April 1990 but could not be examined. In such a situation, his non-examination would also not afford any ground of acquittal. ( 42. ) TO sum up, none of the contentions raised by the appellant against legality and propriety of the convictions deserves acceptance. Further, taking into consideration the nature of offences, his magnitudes and corresponding social impact, the delay in disposal of the appeal cannot be considered as mitigating circumstance to interfere with the impugned sentences of imprisonment. ( 43. ) CONSEQUENTLY, the appeal is dismissed and the impugned convictions and consequent sentences of the appellant are hereby maintained. ( 44. ) THE appellant is on bail. He is directed to surrender to his bail bonds for undergoing the remaining part of the sentence. Appeal dismissed.