SHALINI PHANSALKAR-JOSHI, J. - (1.) This Appeal is preferred by the State challenging the Judgment and Order dated 23rd April 2002 of IInd Ad-hoc Assistant Sessions Judge, Solapur in Sessions Case No.237 of 2001, thereby acquitting Respondent Nos.1 to 4 for the offences punishable under Sections 498-A, 306 and 504 r/w. 34 of IPC.
(2.) Brief facts of the Appeal can be stated as follows :- The marriage of Meena, the daughter of PW-6 Bhagwat Lohar, was solemnized with Respondent No.1 on 19th April 2000. After the marriage, she started residing jointly along with Respondent No.1, her husband, Respondent Nos.2 and 4, his parents, and Respondent No.3, his brother. Initially, for a period of 2 to 4 months, she was treated properly. Thereafter she was subjected to harassment and ill-treatment on some minor counts. She informed about the same to her father at the time of Panchami and Diwali festivals. Her father tried to persuade the Respondents to treat her properly, however, it was of no use. As a result, she continued to stay in the house of her father for about 9 months. Her father then issued a notice to Respondent No.1 calling upon him either to accept Meena for cohabitation or to pay separate maintenance to her. He also approached Women's Help Centre. PW-3 Saraswati Shete, who was the President of the said Women's Centre, intervened and, as a result, Meena was accepted for co-habitation and she resumed her co-habitation with Respondent No.1 on 1st August 2001. Within three days thereafter, on 4th August 2001, her father received information that Meena has sustained burn injuries and has succumbed to those burn injuries. Hence, on 5th August 2001, he went to Vairag Police Station and lodged complaint against the Respondents for subjecting Meena to cruelty and thereby abetting the commission of her suicide.
(3.) Meanwhile, on the information given by Respondent No.1 to Vairag Police Station on 4th August 2001 itself, PW-5 Police Head Constable Ankush Darade has registered A.D. No.36 of 2001 and has sent the dead body of Meena for postmortem examination. PW-1 Dr. Padmakar Patil conducted the autopsy and has opined that the cause of her death was "shock due to 100% burns". The Postmortem Report (Exhibit-16) was accordingly collected. On the complaint (Exhibit-28) of PW-6 Bhagwat, PW-7 API Kuber Chavare registered Crime No.55 of 2001. He drew the Scene of Offence Panchanama (Exhibit-32) and from the spot, he collected the plastic can, the kerosene stove and some burnt pieces of clothes. As a part of further investigation, he recorded the statements of witnesses, sent muddemal property to Chemical Analyzer and further to completion of investigation, filed Charge-Sheet in the Court against the Respondents.;