M.T.JOSHI,J. - (1.) Heard both sides.
(2.) Aggrieved by the acquittal of present respondents from the offences punishable under Section 498A read with Section 34 and 306 of Indian Penal Code vide judgment and order dated 20th March, 2014 passed by the learned 3rd Adhoc Assistant Sessions Judge, Ambajogai in Sessions Case No.14 of 2001, the State has preferred present appeal.
(3.) The prosecution case, in short, is as under: That, deceased Mahananda was married to present respondent no.1 Venkat on 1st April, 2000, who was son of brother-in-law (brother of wife) of the complainant PW 1 Ashruba. In that marriage, dowry of Rs.18,000/was given to the respondents. After the marriage, deceased Mahananda started residing at the house of the present respondents at village Nandadi, Tq. Ambajogai, Dist. Beed. For about five months after the marriage, deceased Mahananda was treated well by the respondents. Thereafter, however, respondent no.1 Venkat, deceased accused Balbhim and respondent no.2 Kashibai, wife of Balbhim used to make demand of Rs.One Lakh for the purpose of getting a job for the respondent no.1 Venkat. They used to say that for the purpose of getting a job as Conductor, said amount is required. Over the said demand, they used to physically as well mentally illtreat deceased Mahananda. They used to provide her insufficient meal and also beat her. In Diwali when the complainant Ashruba took deceased Mahananda to her parental house, she narrated about the illtreatment. It is the prosecution case that after Diwali festival, deceased accused Balbhim had come to the house of the complainant to take deceased Mahananda Back to his house. At that time, the complainant was away at his place of posting at Latur. At that time, deceased Mahananda was ill and the mother of the deceased told Balbhim that after offering certain new clothes, she would be sent. However, deceased accused Balbhim told that even clothes will have to be gifted to his son-in-law and his daughter also. He also demanded an amount of Rs.One Lakh for getting a job for his son i.e. Accused no.1 Venkat. Deceased accused Balbhim also told that since deceased Mahananda was his daughter-in-law, he will kill her and cut into pieces and nobody can question him. In the situation, the neighbors of the complainant namely, Mahadev, Digambar and Sitaram Shinde also tried to give understanding to deceased accused Balbhim. However, Balbhim took deceased Mahananda with him and thereafter, on 5th November, 2000, she found dead in a well. In the situation, the F.I.R. came to be filed by PW 1 Ashruba on 7th November, 2000 on the basis of which, investigation was carried by the police. Initially, an accidental death case was registered in which, investigation was carried by PW 11 Shaikh Nasir, Police Head Constable. Various police officials including PW 8 and PW 11 had conducted investigation in the crime. The statement of the relevant witnesses were recorded. Panchnama of the spot of occurrence was already recorded in A.D. The post mortem examination notes were collected. During the investigation, PW 1 Ashruba produced photocopies of certain letters before the Investigating Officer, purported to have been sent by the deceased Mahananda through post. He also gave natural handwriting of deceased Mahananda. In the witness box, PW 1 Ashruba produced an original letter at Exhibit 55 along with postal envelope at Exhibit 56.;