M. G. Gaikwad, J. - (1.) Heard learned counsel, appearing on behalf of the respective parties.
(2.) This appeal is directed against the judgement of acquittal in Sessions Case No. 52/1994, whereby the learned Additional Sessions Judge acquitted the respondents/accused of the offences punishable under sections 498A, 306 and 304B r.w. 34 of I.P.C.
(3.) The facts relevant for the purpose of this appeal are as under. Deceased Sangita, daughter of PW1 Kalabai was married with accused No. 1 Navnath about one and half year before her death. Accused Nos. 2 to 5 are inlaws of the deceased. After marriage with accused No. 1 while she was cohabiting with her husband, there being harassment to the deceased on account of demand of Rs. 10,000/-, she had filed a complaint under section 498A of IPC. The police after investigation of that case submitted chargesheet against these accused alleging an offence under section 498A of IPC and that case was pending. When the said case was pending, the accused agreed to transfer four acres of land in the name of Sangita. They also gave assurance that thereafter Sangita will not be treated with cruelty. In view of that settlement, Sangita was sent to her matrimonial home two months prior to her death. During that span of two months, the harassment was continued. She was not even provided sufficient food. Demand of Rs. 10,000/- was also continued. The parents received information of that cruelty, but they just ignored it. However, on 23-11-1993, deceased consumed poison and committed suicide. After receiving a message in that respect, relatives had gone to village Waghluj and had seen the dead-body of Sangita. They also noticed some injuries on her person. On her death, intimation was received by the police at Ambhora. A.D. (Accidental Death) No. 25/1993 was recorded. In the inquiry of A.D., PW6 PSI Gafur Patil recorded inquest panchanama (Exh-28) on the dead-body. He also recorded spot panchanama (Exh-29). Thereafter, her body was sent for post-mortem. PW2 Dr. Rameshwar Kumbhar, Medical Officer attached to Primary Health Centre, Kada conducted autopsy on her body. He noticed five injuries, one contusion and four abraisons. However, on other symptoms noted by him during post mortem, Dr. Kumbhar opined that the death is due to poisoning. Viscera was preserved and was sent to Chemical Analysis. Chemical Analyser opined by report (Exh-22) that it is a death due to consumption of endosulfan. After the post-mortem, PW1 Kalabai, the step mother lodged complaint with the police, on which PSI Gafur Patil registered the offence, recorded statements of witnesses and submitted chargesheet against all five accused for the offence under section 498A, 306 r.w. 34 of IPC. The offence being triable by the court of sessions, the learned Magistrate committed the case to the Court of Sessions at Beed.;