ORDER : Anand Byrareddy, J. Heard the learned Government Pleader. 2. There is a delay of 125 days in filing the appeal. However, the appeal is preferred against the acquittal of the respondent for offences punishable under Sections 498-A & 306 of Indian Penal Code, 1860. 3. The brief facts are as follows : The respondent is the husband of one Sharada Bai and they had been married for 15 years prior to her death, which was the subject-matter of trial. It is stated that on 25.11.2013 at about 10.00 p.m., Sharada Bai - the wife of the respondent had committed suicide by setting herself ablaze at her home and that immediately prior to the same, she was subjected to cruelty and harassment over a sustained period of time by the respondent and this had led her to commit suicide and she had suffered 93% bums on her body. She was admitted to hospital and while undergoing treatment, she had given two dying declarations i.e., one before the Police Sub-Inspector and another before the Tahsildar, both to the same effect viz., that the respondent was coming home drunk and that he would get drunk everyday and would abuse her and accuse her of having illicit affairs with others and would even turn her out of the house and if well-wishers sought to intervene, he would abuse them in foul language. This had gone on for several years and though they were blessed with three children, as she could not with-stand the false accusations on daily basis, she committed suicide. In this background, the respondent having pleaded not guilty, the prosecution examined 13 witnesses and had marked several exhibits and material objects. However, at the trial, every single witness including the complainant had turned hostile and therefore, the Court below has arrived at a finding that in the absence of any evidence against the accused to bring home the charges, the dying declaration by itself was not sufficient to establish the case against the accused and therefore, has acquitted the accused. It is this which is under challenge in the present appeal. 4. Learned Government Pleader would submit that the Court below is not justified in overlooking the dying declaration, though there are two dying declarations which are consistent and ought to have been given credence. It is this which is under challenge in the present appeal. 4. Learned Government Pleader would submit that the Court below is not justified in overlooking the dying declaration, though there are two dying declarations which are consistent and ought to have been given credence. It is settled law that a dying declaration by itself is sufficient to bring home the charge against the accused and would seek to place reliance in the case of Anjanappa v. State of Karnataka, (2014) 4 SCC 776 and would seek to question the judgment of the Court below. 5. It is noticed that the deceased and the respondent were married for 15 years and had three children which would indicate that they did have a balanced matrimonial life or otherwise, it would not be possible to have three children over a period of 15 years. Further, there is no mention of any physical cruelty meted out to the deceased. The term 'cruelty' which has been mentioned above under Section 498A of Indian Penal Code, 1860 has been defined, as 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 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. It is the first part of the explanation which would be applicable in a case such as this and going by the circumstance that the couple were married for 15 years, it would be expected that they were sensitive to each others feelings and reactions and it cannot be said that mere accusation of infidelity by itself, would have troubled the woman to an extent to drive her to commit suicide and the mere assertion that she was harassed of infidelity over a period of time by a drunken man, by itself cannot be readily accepted as having driven her to commit suicide. In the absence of any supporting evidence, as all the witnesses had turned hostile including the complainant and close relatives of the deceased, it would not be just and fair to condemn the man and arrive at a finding that the charges have been brought home. Consequently, there is no fault found in the findings of the Court below. 6. The delay of 125 days in filing the appeal is also not explained with any acceptable reasons. The Law Officer who has sworn to an affidavit in support of the application states that she was entrusted with the work of furnishing opinions in respect of judgments relating to five districts and therefore, there was heavy load of work and she could not bear the concentration on all the files and therefore, there was delay of 125 days. 7. This cannot be accepted as a valid reason and therefore, even the delay is not properly explained and cannot be condoned. Consequently, the application is rejected. The appeal also is dismissed on merits.