(M.L. Tahaliyani, J.)

1. These two appeals are being decided by the common judgment as they arise out of the conviction recorded by the learned Additional Sessions Judge, Pandharkawada (Kelapur) in Sessions Trial No.64/2004. The appellant Hemant Kawadu Chauriwal in Criminal Appeal No.53/2007 and the appellant Sau. Vachhalla Kawadu Chauriwal in Criminal Appeal No.70/2007 were tried by the learned Additional Sessions Judge along with accused No.2 Kawadu Ambar Chauriwal, accused No.3 Vasanta Kawadu Chauriwal and accused No.5 Sau Vanita Chandrakrushna Chauragade for the offences punishable under Sections 304B read with Section 34 and Section 498A read with Section 34 of the Indian Penal Code. The appellant Hemant in Appeal No.53/2007 was also in alternative tried for the offence punishable under Section 302 of the Indian Penal Code. On conclusion of trial the appellants and other accused were acquitted of the offence punishable under Section 304B read with Section 34 of the Indian Penal Code. The original accused Nos.2,3 & 5 were also acquitted of the offence punishable under Section 498A read with Section 34 of the Indian Penal Code. The appellant Hemant in Appeal No.53/2007 was found guilty of the offences punishable under Sections 302 and 498A of the Indian Penal Code. He was sentenced to suffer imprisonment for life and to pay a fine of Rs.1000/-, in default to suffer rigorous imprisonment for six months for the offence punishable under Section 302 of the Indian Penal Code. He was further sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.1,000/-, in default to suffer rigorous imprisonment for three months for the offence punishable under Section 498A of the Indian Penal Code. As far as accused No.4 Sau. Vachhalla is concerned, she has been convicted for the offence punishable under Section 498A of the Indian Penal Code only and has been sentenced to suffer simple imprisonment for one year and to pay a fine of Rs.1,000/-, in default to suffer further simple imprisonment for one month for the offence punishable under Section 498A of the Indian Penal Code.

2. The appellant in Appeal No.53/2007 will be referred to as 'appellant No.1' and appellant in Appeal No.70/2007 will be referred to as 'appellant No.2' hereinafter.

3. The deceased Asha Hemant Chauriwal (hereinafter referred to as 'deceased'), daughter of P.W.3-Devidas Atmaram Dohare and P.W.4-Sau. Chandrakala Devidas Dohare, was married to appellant No.1 on 29th May, 2001. After the marriage, she went to stay with appellant No.1 at Ghatanji. Appellant No.1 was member of joint family of which appellant No.2 and other accused were also members. Original accused No.2 is father of appellant No.1 and husband of appellant No.2. Original accused No.3 is brother of appellant No.1 and original accused No.5 is a sister of appellant No.1.

4. It is alleged that after the marriage, the deceased was being subjected to mental and physical cruelty on the ground that she had not brought sufficient valuable articles in dowry. The deceased was not being given sufficient food to eat. She was being tortured every now and then on the ground that she did not know cooking and that the food cooked by her was not tasty enough. These facts she had been disclosing to her parents whenever she visited her parental house.

5. The incident in question had occurred on 20th June, 2004 at matrimonial home of the deceased. It is alleged that the appellants had poured kerosene on the deceased and had set her on fire. She was thereafter taken to Ghatanji Hospital for treatment. She was removed to Yavatmal Government Hospital for further treatment. In the meantime, the news was received by parents of the deceased. They also reached the hospital at Yavatmal. Police Officer from Yavatmal Police had requested the Naib-Tahsildar Smt. Pushpalata Bharti (P.W.1) to record statement of the deceased at Yavatmal General Hospital. The request letter was handed over to the Naib-Ta