1. By this appeal the appellants take exception to judgment and order dated 30th July, 2005 passed by 3rd Adhoc Additional Sessions Judge, Nagpur in Sessions Trial No.504 of 2001 convicting the appellants/ accused for the offences punishable under Sections 302, 304B, 498A and 201 read with Section 34 of the Indian Penal Code. By the impugned judgment they have been sentenced to undergo imprisonment for life and to pay fine of Rs. One Thousand each in default to suffer rigorous imprisonment for six months on the first count, to suffer rigorous imprisonment for seven years on the second count, to suffer rigorous imprisonment for six months and to pay fine of Rs.Five Hundred each, in default to suffer rigorous imprisonment for six months on third count and to suffer rigorous imprisonment for one year and to pay a fine of Rs. Five Hundred each in default to suffer rigorous imprisonment for six months on the fourth count.

2. Briefly the prosecution case is as under :

Deceased Savita married accused No.2 Sanjay on 10.05.1999 and went to her matrimonial house after the marriage. Accused No.1 Motiram accused No.3 Laxmibai and accused No.4 Leelabai, the father, mother and sister respectively of her husband were residing along with the accused. It is further case of the prosecution that at the time of settlement of marriage the accused had demanded amount of Rs. Sixty Thousand as dowry. The father of the deceased paid Rs.Thirty Two Thousand, fifteen days before the marriage. After the marriage the accused used to harass and illtreat the deceased on the ground that they had received much less amount towards dowry at the time of marriage. The deceased used to inform the members of her family about the alleged harassment on the part of the accused as and when she came to the house of her parents.

3. It is further case of the prosecution that the accused purchased plot at Tarsa and started construction of new house and as such they were in need of money and hence, they continued illtreatment and harassment of deceased. Accused No.4, though married, was staying with her parents and brother. All the accused hatched a plan on the intervening night of 04.05.2001 and 05.07.2001 and caused death of Sarita by strangulation by means of nylon rope. The family members of deceased were informed about the death and they came to the house of the accused and saw dead body of Savita in the verandah of the house. They saw ligature mark on the neck of Savita and also saw black marks on her thigh and knee. Since Savita was not ill and her death had occurred all of a sudden her mother Girijabai P.W. 3 lodged report Exh.19 at Kanhan Police Station requesting the police to make necessary inquiry. On the basis of the said report Merg was registered and inquiry was conducted by P.S.I. Y.S. Deshmukh. He visited the place of incident and performed spot panchnama Exh.23 and inquest panchnama Exh.24 in the presence of panchas and sent dead body for post mortem examination. Post Mortem on the dead body of Savita was conducted by Dr.Manju Rathi P.W. 9.

4. On 06.07.2001 Yadaorao P.W. 2 father of deceased lodged report Exh.16 against all the accused. Pursuant to the said report offences under Section 498A, 304B read with Section 34 of the Indian Penal Code came to be registered against the accused. The investigation was taken up. Clothes and ornaments on the person of deceased were seized. Dr. Rathi who conducted postmortem examination opined that the cause of death was due to asphyxia by strangulation. In course of investigation statements of several persons were recorded. The accused were arrested on 06.07.2001. At the instance of accused No.4 Leelabai nylon rope used in the crime was recovered pursuant to the memorandum recorded at Exh.42. The nylon rope was seized under the seizure panchnama Exh.43. The nylon rope was also sent to medical officer for opinion, who opined that ligature marks on the neck of the deceased could have been due to strangulation by