M. T. Joshi, J. - (1.)The present appellants, who were charged for the offences punishable under section 306, 498A read with section 34 of the I.P. Code, in Sessions Case No. 166/2000 by the learned IIIrd Additional Sessions Judge, Jalna and vide his judgment and order dated 26.12.2003, each of them have been convicted and sentenced to suffer rigorous imprisonment for two years and to pay fine of Rs. 100/- on the count of conviction for the offence punishable under section 498A read with section 34 of the I.P. Code and to suffer rigorous imprisonment for five years and to pay fine of Rs. 100/- each on the count of conviction under section 306 of the I.P. Code, have preferred the present appeal. Deceased Usha, the wife of present appellant No. 3 Ramesh has met with an un-natural death due to poisoning on 01.01.2000. Her father PW 1 Ramrao Dhondiba Gawli filed FIR at Exhibit-33 on 03.01.2000. It is an admitted fact that the deceased had married with appellant No. 3 Ramesh about 8 to 9 months prior to her un-natural death at the house of the present appellants. In the FIR, it was alleged that though dowry of Rs. 25,000/- alongwith certain other gifts were given in the marriage, about two months after the happy married life, all the present appellants started ill-treating the deceased physically as well as mentally on various counts. They also used to make an unlawful demand of Rs. 25,000/- for purchase of certain agricultural land. Deceased Usha, as and when she had an occasion, used to make complaint of the same to her parental relatives. This has occurred for one or two times. The complainant, therefore, used to give understanding to the appellants that he was not able to make the said payment and used to request them to treat the deceased properly. On the Diwali festival preceding the death of the deceased, appellant No. 3 Ramesh had brought the deceased to the house of the complainant. At that time, he repeated demand of Rs. 25,000/- to the complainant. When the complainant showed his inability, the appellant No. 3 went away. The complainant narrated these facts to his wife i.e. PW 2 Dwarkabai and his brother-in-law Sandu Sapkal as well as his son Sheshrao as well as other relatives. After the Diwali festival, the deceased was sent back to the appellants' house alongwith son of the complainant, namely, PW 3 Sanjay. At that time also, the appellants made demand of the money to Sanjay. About a fortnight preceding the death of the deceased, appellant No. 3 Ramesh brought deceased Ushabai to her parental home and again made demand of Rs. 25,000/-. At that time, complainant told him that at the most he would be able to pay an amount of Rs. 2000/- to Rs. 4000/-. At that time also, deceased told the complainant as well as his wife that she was being ill-treated and beaten by the appellants over the said demand. In the circumstances on 01.01.2000, the complainant and his family members came to know that the deceased was admitted to the hospital in serious condition. On the next day, the inquest panchanama on the dead body was conducted and after the postmortem examination, the last rites were held at Surangali i.e. the native village of the appellants. At that time, appellant No. 3 Ramesh was absent and in the circumstances, on the next day, the FIR (Exhibit-33) came to be filed.
(2.)PW 8 API Somnath Malkar had conducted the investigation in the matter. In Accidental Death (A.D.) case, which was registered prior to the filing of the complaint, the inquest panchanama of the dead-body was recorded. Thereafter, during investigation, various formalities like recording of the spot panchanama, preserving of the clothes, sending viscera to the Chemical Analyzer, collection of provisional death certificate were carried by the Investigating Officer. The Chemical Analyzer's reports at Exhibit-44 and Exhibit-45 showed that the viscera contained poison. Besides this, the Investigating Officer has recorded the statements of various witnesses, out of which mostly were of the relatives of the complainant.
(3.)Before the learned Sessions Judge, in all eight witnesses were examined. PW 1 Ramrao is the father of deceased Ushabai as well as the complainant. PW 2 Dwarkabai is his wife. PW 3 Sanjay and PW 4 Sheshrao are the sons of the complainant. PW 5 Sandu Sapkal is the maternal uncle of deceased Ushabai. PW 6 Prabhakar Bhambarde is from the village of the complainant who was examined to show that the complainant had once told him about the harassment to Ushabai at the hands of the appellants. PW 7 Santosh Baviskar - a police constable had carried the viscera to the Chemical Analyzer's office at Aurangabad, while PW 8 API Somnath Malkar has carried the investigation in the case.