1. Heard learned respective counsel for the parties.

2. Challenge in this appeal is to the conviction and sentence imposed upon the appellant nos. 1 and 2 (original accused nos. 1 and 3) (hereinafter referred to as per their original status i.e. accused) by way of judgment and order dated 14.12.2004, rendered by learned 3rd Adhoc Additional Sessions Judge, Nanded in S.C.No.86/2004, thereby convicting the accused no.1 Vitthal Dattarao Kale for the offence p/u/s 498-A of Indian Penal Code and sentenced him to suffer R.I. for six months and to pay fine of Rs.500/-, in default to suffer R.I. for one month and also convicting accused No.3 Kausalya Kale for the offence p/u/s 498-A of Indian Penal Code and sentenced her to undergo S.I. for ten days and to pay fine of Rs.500/-, in default to suffer S.I. for ten days. In fact the accused nos. 1 and 3 faced trial in the said sessions case alongwith co-accused i.e. accused no.2 for the charges under section 498-A, 304-B r/w 34 of Indian Penal Code, but the accused no.2 namely Dattarao Kale was acquitted of all the charges and also accused nos. 1 and 3 were also acquitted for the offence p/u/s 304-B r/w section 34 of Indian Penal Code except conviction and sentence under section 498A of Indian Penal Code, as aforesaid.

3. Brief facts which can be summarized as under:-

Victim namely Vaishali married with the accused no.1 namely Vitthalrao in the year 2002 and after marriage she started residing with the accused persons at her matrimonial home. The accused no.2 Dattarao is her father in law, whereas accused no.3 Kausalya is her mother in law. It is alleged that the victim Vaishali was subjected to cruelty by the accused persons on account of non fulfillment of unlawful demand of Rs.50,000/-made by them to her to be brought by her from her parental house for cleaning the well in land and i.e. taking out mud out of well, which resulted into committal of suicide by her by jumping into well on 12.08.2003. It is also alleged that she was removed from the well, but she had died and said incident was informed to Vaishali’s parents and they came to village Maradga. In the meantime, matter was reported by Police Patil to police station Hadgaon. PW 8 PSI Dilip Jadhav was working in the Police Station, Hadgaon and accidental death was registered on 13.8.2003 at police station, Hadgaon on the report lodged by Police Patil of village Maradga to police out post Niwgha. Accordingly, PW 8 PSI Jadhav visited the spot and conducted inquest panchnama of the dead body of the victim Vaishali on 13.8.2003 at about 07.30 to 07.45 am (Exh.30). Thereafter, said dead body was sent to Rural Hospital, Hadgaon for post mortem purpose. Accordingly, PW 11 Dr. Haribhau Gadekar conducted postmortem on the said dead body on 13.8.2003 between 12.00 to 01.00 p.m and said postmortem notes are produced at Exh.29. PW 8 PSI Jadhav also conducted the spot panchanama at the place of incident which is produced at Exh.28. The report of Police Patil is also produced at Exh.32. PW 8 PSI Jadhav recorded statements of the witnesses and neighborers on 13.8.2003 and 14.08.2003. DYSP Bhokar also visited the scene of offence and supervised the investigation, however, since no offence was disclosed, PW 8 PSI Jadhav closed the inquiry by submitting the report to Taluka Inspector, Hadgaon and said report is marked at Exh.33.

4. It is further alleged that, Vaishali’s brother and father tried to lodge the complaint with the police, but no cognizance was taken hence, they lodged the complaint with Superintendent of Police and Tahsildar, Hadgaon and, matter was referred to Police Station, Hadgaon, however, since there was no progress in the matter, father of Vaishali Uttamrao lodged the complaint with Judicial Magistrate First Class, Hadgaon. Accordingly, learned Judicial Magistrate F.C. Hadgaon took cognizance of said offence and directed to issue process. Accordingly, after completion of inquiry under section 202 of Code of Criminal Proce