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JUDGMENT B.P. SINGH, J.

This appeal by special leave is directed against the judgment and order of the High court of Judicature at Andhra Pradesh at Hyderabad dated November 26, 1996 in Criminal Revision Case No.195 of 1995 whereby the High Court while partly allowing the appeal and acquitting the appellant of the charge under Section 306 I.P.C, confirmed his conviction and sentence under Section 498-A I.P.C on which count the appellant has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs.1000/-.

The appellant Lella Srinivas Rao and his mother Lella Gangamamba were tried by the Assistant Sessions Judge, Chirala charged of the offences under Sections 498-A and 306 I.P.C. The case of the prosecution was that the appellant herein was married to the deceased Bhavani about three years before the date of occurrence which took place on 15.8.1990. The case of the prosecution was that the appellant as well as his mother (accused No.2) treated Bhavani (deceased) with such cruelty, and harassed her to such an extent, that she was forced to commit suicide at about 12.45 p.m. on 15.8.1990. She set fire to herself as well as her daughter who was about 1-1/2 years old as a result of which both of them succumbed to their injuries later on the same day. The trial court found them guilty of the offence under Section 306 I.P.C. and sentenced both the accused to undergo rigorous imprisonment for a period of seven years under Section 306 I.P.C. and three years rigorous imprisonment under Section 498-A I.P.C. Both the accused preferred Criminal Appeal No. 169 of 1992 which came to be disposed of by the Court of Session, Prakasam Division, Ongole who dismissed the appeal and upheld the convictions and sentences. The accused thereafter challenged their convictions and sentences before the High Court which set aside the conviction under Section 306 I.P.C. but upheld their conviction and sentence under Section 498-A I.P.C.

PW-1, in his deposition stated that after her marriage with the appellant his daughter Bhavani resided with the appellant and the relationship between them was cordial. His daughter, Bhavani (deceased) gave birth to a daughter and when her daughter was about 5 months old she came to his house because of some dispute with her husband, the appellant. According to PW-1, the accused was the only son of his parents. His elder sister died on 15.5.1987 leaving behind three children all below the age of 14 years. The husband of his deceased sister re-married and set up his family, but his three children from the first wife were left with the appellant and they used to reside in the same house where the appellant resided with his parents. This was objected to by deceased Bhavani and she had stated that she would not live with the appellant till he separated from his father and lived separately from them. She did not like that the children of her deceased sister-in-law should be brought up by the family members of her husband including her mother-in-law, accused No.2. According to the father of the deceased this was the reason for misunderstanding between the deceased and the appellant. He further stated that on 14th August, 1990 he had been informed by PW-4, that there was some misunderstanding between the appellant and his daughter and he had requested him to come and get the matter patched up. He had gone to the house of his daughter on 14.8.1990 and patched up their differences. On the next day, he came to know that his daughter had set herself on fire and that she had been admitted in a hospital. He denied having stated before the police that the accused were responsible for the death of his daughter. According to him the accused looked after the welfare of his daughter and she delivered a daughter and lived in the house of the appellant till the child was 5 months old. She had thereafter come to reside with him on account of some misunderstanding with her husband. The reason for the misunderstanding was the objection of his daughter to the upbringing of deceased sister-in-law's children by her husband's family. No accusation has been made by the father of the deceased to the effect that Bhavani was ever ill-treated or harassed by either the appellant or his mother-in-law or any other member of the family. PW-2, a brother of PW-1 has also deposed on the same lines as PW-1. In the deposition of PW-4 also there is no allegation that the deceased was ill-treated by her husband or members of his family. In fact, the learned Trial Judge noticed that except the two dying declarations, there was no other evidence before the Court to prove that the deceased was treated with cruelty and harassment which led her to commit suicide. However, the Trial Court finding the two dying declarations to be consistent and supplemental to each other relied upon them and recorded the conviction of the appellant as well as his mother, accused No.2 under Sections 498-A and 306 I.P.C. Appellate Court also upheld the judgment and order of the Trial Court. The High Court in revision, however, came to the conclusion that though the facts of this case prove commission of offence under Section 498-A I.P.C., the prosecution had failed to prove its case under Section 306 I.P.C.

In the facts of this case we find that the prosecution has failed to prove the commission of the offence under Section 498-A I.P.C. Accordingly, we allow this appeal and acquit the appellant of the charge under Section 498-A I.P.C. Since the case of accused No.2 Smt. Gangamamba, mother of the appellant herein also stands of the same footing, we also record an order of acquittal in her favour, even though her special leave petition was dismissed and she has undergone the sentence imposed against her. This appeal is accordingly allowed. The bail bonds furnished by the appellant are discharged.