T.V. Nalawade, J.

1. Appeal is filed against the judgment and order passed in Sessions Case No. 27 of 1994, which was pending in the Court of 3rd Additional Sessions Judge, Jalna. The trial Court has convicted all the appellants for offences punishable under Sections 306, 498A and 34 of the Indian Penal Code and they are sentenced to suffer rigorous imprisonment. Both sides are heard in appeal. Original record was called for perusal. In short, the facts leading to the institution of appeal, can be stated as follows :-

Deceased Rukmini @ Sumitrabai was a daughter of complainant. She was given in marriage to appellant No. 1 about two years prior to the date of incident. Appellant nos. 2 and 3 are elder brothers of the appellant No. 1. Accused No. 4 Jayvantrao was the father of the appellants and he died during trial. All the appellants were living in joint family at the relevant time when Rukmini started cohabiting with appellant No. 1.

2. After six months of the marriage, the deceased visited the house of her parents and disclosed that the accused persons had asked her to bring Rs. 5,000/- from her parents. She disclosed that accused were in need of money as they wanted to install the electric motor on their well. She disclosed that there was ill-treatment to her and accused were harassing her on this count. She disclosed to her parents that accused were giving abuses to her, they were not providing sufficient food to her and she was driven out of matrimonial house time and again. She said to the parents that she will go to matrimonial house only when the amount of Rs. 5,000/- was given to her.

3. During two years of cohabitation, deceased had made such disclosure at least on two occasions to her parents. On both the occasions the parents promised her that they would make some arrangement and they would give amount after few months. About two months prior to the incident in question, the complainant had direct talk with accused No. 1 and his brothers and on that occasion the complainant had given promise to give money within two to three months. However, the complainant could not make such arrangement.

4. Sumitrabai committed suicide by consuming poison on 11.10.1993. Father gave report against the appellants on 12.10.1993 and crime at C.R. No. 212 of 1993 came to be registered in Jalna Tahsil Police Station for the aforesaid offences. PSI Shri Andurkar made investigation of the case. Statements of some of the relatives of the deceased on parents side came to be recorded.

5. The defence has not disputed that Sumitrabai died due to poisoning. Relevant record in this regard is admitted. In the trial Court the prosecution examined four witnesses who include the parents of the deceased, the maternal uncle of deceased and Investigating Officer. In defence, accused examined one Raosaheb More, who is relative of both the sides. Trial Court has believed the prosecution witnesses and finding is given that there was demand of Rs. 5,000/- from the accused and to force this demand illtreatment was given to the deceased by the appellants. Trial Court has further held that suicide was committed due to illtreatment given by the appellants. In appeal it was submitted that the investigation was not done fairly. It was submitted that no record was collected by the police to ascertain as to whether the appellants really own lands and they were really in need of any electric motor. It was submitted that specific material was brought on record to show that deceased was living with her parents for most of the time after the marriage and she was reluctant to come to matrimonial house. It was submitted that the material on record has created probability that Sumitrabai committed suicide to avoid to live with appellants.

6. The death took place within two years of the marriage. Karbhari (PW-1), father of deceased has given evidence that for one year after the marriage there was no illtreatment to the deceased. He has deposed that after one year of the