P.B. MAJMUDAR, J.

1. The appeal No.651 of 1990 is directed against the judgment and order of conviction recorded by the Additional Sessions Judge, Satara, dated 10-09-1990, by which the learned Additional Sessions Judge convicted all the accused under Section 235(2) of the Code of Criminal Procedure, for the offence punishable under Section 498(a) read with Section 34 of Indian Penal Code and sentenced them to suffer rigorous imprisonment for three years and a fine of Rs.1,000/-was imposed on each of the accused and in default to suffer rigorous imprisonment for three months. Similarly, the accused have also been convicted under Section 306 read with Section 34 of Indian Penal Code, for which also same sentence is awarded.

2. Being aggrieved by the aforesaid order of the learned Sessions Judge, this appeal is filed by the appellants/accused. It is pointed out that during the pendency of this appeal, the original accused No.2 Savitribai Anantrao Pawar has died. The learned APP has also confirmed the said aspect. Accordingly, the appeal stands abated as against appellant/accused No.2. Now, the appeal is required to be considered in connection with appellant/accused Nos.1, 3 and 4 only. The State has also filed an appeal bearing No.884 of 1990 for enhancement of sentence of the accused.

3. The appellant/accused No.1 is the father of appellant/accused Nos.3 and 4. As pointed out earlier, appellant/accused No.2 i.e. mother-in-law of the deceased, has already died during the pendency of the appeal.

4. The prosecution case in brief, is as under: The marriage of Sushma (deceased) with accused No.3 was solemnized in the year 1987. The complainant Vithoba Gangadhar Surve, father of the deceased, had given various household items to her daughter at the time of marriage, including the gold ornaments. Initially, for some time, the deceased was treated with love and affection after the marriage. Thereafter, accused started illtreating the victim by demanding certain items, which ultimately were given by the brother of the deceased. It is the case of the prosecution that on 14-06-1989 at about 8.30 a.m., the deceased committed suicide by pouring kerosene on her body and set herself ablaze on fire. The deceased thereafter, was taken to Civil Hospital, Satara. Mr.Eknath Anpat, Police Head Constable, recorded the dying declaration of the deceased at about 9.00 a.m. The Executive Magistrate was called by the doctor, who recorded her second dying declaration at about 10.00 a.m. Thereafter, on the same day, PSI Dalvi recorded dying declaration of the deceased at 4.00 p.m. Accordingly, PSI Dalvi registered the Medico Liego case bearing No.1827 at Satara City Police Station and started the investigation. The father of the deceased lodged a complaint on the same day and it was registered as C.R.No.257 of 1989. On the next day, the victim Sushama died at the hospital. On completion of investigation, PSI Dalvi submitted chargesheet before the Chief Judicial Magistrate and the accused persons committed for trial to the Sessions Court, Satara.

5. On 13-08-1990, the Additional Sessions Judge framed the amended charge against the accused persons, as under 1. On 14-06-1989 at about 8.30 a.m., Sau.Sushama Mruttyanjaya @ Sambhaji Pawar, aged 22 years, committed suicide by pouring keresone on her person in the house bearing Municipal House No.44, Shukruvar Peth, Satara and that you accused No.1 and 2 being her father-in-law and mother-in-law respectively, as well as accused No.3 being her husband and you accused No.4 being sister of accused No.3, in furtherance of common intention, abetted the commission of the said offence of committing suicide resulting into act of burning herself by pouring kerosene on her person and by subjecting the said Sau.Sushama to cruelty harassment and illtreatment and thereby committed an offence punishable under Section 306 read with Section 34 of the I.P.C. And within my cognizance. 2. Secondly, that you accused No.1