SHRIKANT D.KULKARNI, J. - (1.)These appeals are directed against the impugned Judgment and order rendered by the Additional Sessions Judge, Ahmednagar in Sessions Case No. 163 of 2012.
(2.)Feeling aggrieved and dissatisfied by the impugned Judgment and order of conviction passed by the Additional Sessions Judge, accused No.1 - Achyut Bhaskar Kale has preferred Criminal Appeal No. 271/2014. Whereas, the State of Maharashtra has preferred Criminal Appeal No. 325/2014 against all the accused for enhancement of sentence for the offence punishable under section 498A read with section 34 of IPC and also preferred another appeal vide Criminal Appeal No. 683/2014 against the acquittal of accused Nos. 2 to 4 at the hands of the Additional Sessions Judge, Ahmednagar from the charge of section 304(B) read with section 34 of IPC. These appeals are heard together and being disposed of by common Judgment and order.
(3.)Prosecution case in narrow compass is as under :-
(a) The marriage of Sunita (Since deceased) was solemnized with accused - Achyut Bhaskar Kale on 07.03.2010. (As per marriage invitation card on record, date of marriage is 08.03.2010) The parents of deceased had given Rs. 1,00,000/- and two tola gold as a dowry in the marriage to accused No. 1 in addition to valuable household articles. The marriage expenses were borne by the parents of deceased Sunita. Sunita went to matrimonial house at Dhanegaon for co-habitation.

(b) According to the prosecution case, Sunita was subjected to mental and physical cruelty at the hands of her husband and in-laws (accused Nos. 1 to 4). Accused - Satyashila happened to be married sister-in-law of deceased Sunita but she was residing with co-accused as she is widow. In the year 2010, at the time of Gudhi Padva, brother of the deceased, Deepak Madhukar Londhe had been to the matrimonial house of Sunita. The accused made unlawful demand of gold ring and cash amount and they alleged to have abused Sunita in a filthy language in presence of Deepak Londhe. Deepak tried to convince the accused and further assured that after some days, he would make some arrangement to fulfill their demand. He also requested the accused to stop harassment and cruelty which was being caused to Sunita.

(c) Accused - Achyut shifted to Pune, Kalewadi for some job with wife Sunita and her sister-in-law - Satyashila. Accused - Achyut and Satyashila alleged to have poured kerosene on her person and tried to set her ablaze, but Sunita escaped from the hands of the accused. Sunita and her husband again came back to Dhanegaon. The accused continued their harassment and cruelty to Sunita to meet their unlawful demand. Prior to eight days of the incident, Muktabai Madhukar Londhe (mother of deceased) and Rupesh Londhe (another brother of deceased) had been to Sunita's matrimonial house at Dhanegaon. Accused Shakuntala, Bhaskar and Satyashila alleged to have threatened to mother of the deceased that they would perform another marriage of Achyut with another girl, even if Sunita met with death, they would get handsome amount of dowry. Muktabai apprehended danger to the life of her daughter Sunita and asked Sunita to accompany her, but Sunita refused to accompany her by stating that she is pregnant and after delivery, the things would be alright.

(d) On 03.03.2012 at about 7.30 p.m. Deepak Londhe, first informant received phone call from cousin father-in-law of Sunita to inform that Sunita was no more. The first informant along with his parents rushed to the house of the accused. They noticed that Sunita was lying dead in one room having injuries on her neck. The accused were not present in the house.

(e) On 03.03.2012, Ashok Gokul Chavan, Police Patil of village Dhanegaon, Tal. Jamkhed, Dist. Ahmednagar after visiting the spot, rushed to the Police Station, Jamkhed and lodged report about death of Sunita by consuming poison.

(f) On the basis of report submitted by Police Patil, A.D. No. 11/2012 came to be registered with Jamkhed Police Station. The Police rushed to the spot. Inquest panchanama came to be prepared and dead body was sent to hospital for post mortem examination.

(g) After cremation, Deepak Londhe (brother of the deceased) lodged F.I.R. with Jamkhed Police Station and on that basis C.R. No. I 23/2012 came to be registered under sections 304B, 498A, 323, 504, 506 read with section 34 of IPC. The investigation was entrusted to API Raghunath Nachan. The Investigating Officer recorded statements of witnesses and accused came to be arrested. The articles seized, were sent for chemical analysis. The viscera was also sent to forensic laboratory. After completion of investigation, API Raghunath Nachan submitted the charge sheet and thereafter, JMFC, Jamkhed committed the case to the Court of Sessions at Ahmednagar.

(h) The learned Additional Sessions Judge has framed the charge against the accused Nos. 1 to 4 under section 498A and 304B read with section 34 of IPC. They were put on trial.

(i) The prosecution machinery as well as defence has examined the respective witnesses in support of their case. The learned Additional Sessions Judge, after appreciating the evidence of prosecution witnesses and defence and considering the argument advanced by the learned A.P.P. and defence counsel, was pleased to hold accused No. 1/Achyut guilty for the offence punishable under sections 304B and 498A read with section 34 of IPC and sentenced him to undergo life imprisonment for the offence punishable under section 304B and to pay fine of Rs. 5,000/- (Rupees Five Thousand), in default of payment of fine, to suffer rigorous imprisonment for six months and to pay fine of Rs. 2,000/- (Rupees Two Thousand) and also convicted him for the offence punishable under section 498A of IPC and sentenced him to suffer rigorous imprisonment for six months and to pay fine of Rs.2,000/- and in default of payment of fine, to suffer rigorous imprisonment for one month.

(j) Accused Nos. 2 to 4 came to be acquitted of the charge of dowry death punishable under section 304B read with section 34 of IPC. However, learned Additional Sessions Judge convicted them for the offence punishable under section 498A read with section 34 of IPC and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs. 2,000/- (Rupees Two Thousand) each and in default of payment of fine, to suffer rigorous imprisonment for one month. The sentences were directed to run concurrently.