1. Heard learned Adv. Mr. R.S. Shinde for the appellants, and learned APP Mr. B.J. Sonwane for the respondent.

2. By the present appeal, filed by the appellants i.e. original accused nos.1 to 3, they have taken exception to the judgment and order dated 29-12-2004, rendered by the learned IInd Ad hoc Additional Sessions Judge, Dhule, in Sessions Case No. 87/2003, thereby convicting them for the offences punishable under Sections 498-A read with Section 34 of Indian Penal Code, and sentencing them to suffer simple imprisonment for three years, and to pay fine of Rs. 5,000/-each, in default of payment of fine, to suffer simple imprisonment for nine months, each, and also convicting them for the offence punishable under Section 306 of Indian Penal Code, and sentencing them to suffer simple imprisonment for five years, and to pay fine of Rs. 7,000/-each, in default of payment of fine, to suffer simple simple imprisonment for one year and three months, each.

3. The appellants are hereinafter referred to as per their original status i.e. accused.

4. The brief facts of the present case which gave rise to the present appeal are as under:-

(a) The deceased Vaishali was married with appellant no.1 (original accused no.1) Kiran, and one daughter, namely, Komal, was born out of the said wedlock. Accused no.2 Natthu is the father-in-law of the said deceased, whereas accused no.3 Sindhubai is the mother-in-law of the said victim. The original complainant in the present case i.e. first informant is PW 3 Nagraj Patil who is the father of the victim Vaishali, who is the resident of Sheri (Taluka: Dharangaon, District : Jalgaon). It is alleged that he gave dowry of Rs. 1,21,000/-at the time of marriage of his daughter, namely, Vaishali with accused no.1, and after the marriage she was treated well initially by the accused and Vaishali gave birth to daughter of accused no.1, namely, Komal, as aforesaid. It is alleged that the complainant used to bring Vaishali to her parental home at the time of festivals like Akshaytrutiya, Dipawali, etc. However, since last 2½ years prior to the date of incident i.e. 27-7-2003, Vaishali used to complain to the complainant i.e. her father and her mother, as well as her manternal uncle, namely, Shantaram Patil. All the accused persons used to subject her to the cruelty by meeting out mental and physical torture to her. They used to illtreat her and they used to demand amount of Rs. 1,50,000/-for service of accused no.1. They demanded the said amount from Vaishali to be brought by her from her father, and Vaishali narrated the said facts to the original complainant. However, the complainant convinced her and sent her back to the matrimonial home so many times. Even the complainant requested accused nos.1 to 3 on telephone stating that he was a poor person and from whom he would bring aforesaid money and urged that accused should not torture his daughter. Moreover, Dr. Vitthal Patil i.e. son-in-law of sister of complainant also convinced the accused.

(b) It is also alleged that prior to 3 -4 months of the date of complaint i.e. 27-7-2003, Vaishali had visited house of the complainant. At that time, Vaishali disclosed before the complainant that the accused were demanding money from her and if the complainant did not give money to the accused, they tortured and assaulted her severally. At that time also, the complainant convinced her and sent her to her matrimonial home after about 15 days. It is further alleged that prior to 3 -4 days from the date of complaint i.e. 27-7-2003, Vaishali made telephone from Dhule to the complainant i.e. her father, informing that the accused persons were torturing her severally and they were demanding money from her. It is further alleged that on 27-7-2003, at about 5.00 a.m. to 5.30 a.m., one Lalit Chaudhary made telephone call to the house of the complainant and informed that Vaishali and Komal were burnt and they were admitted in the Civil Hospital, Dhule, for treatment.