SADHANA S. JADHAV, J.

1. The appellants herein are convicted for the offence punishable under Section 302 r/w 34 of Indian Penal Code and are sentenced to suffer life imprisonment and to pay fine of Rs. 1000/- each i.e. R.I. for 2 years. They are also convicted for the offence punishable under Section 201 r/w 34 of Indian Penal Code and sentenced to R.I. for 3 years and to pay tine of Rs. 500/- each i.e. R.I. for 6 months. They arc further convicted for the offence punishable under Section 498A r/w 34 of Indian Penal Code and sentenced to R.I. for one year and to pay fine of Rs. 500/- each i.e. R.I. for 3 months by the Ad-hoc Additional Sessions Judge-II, Malegaon in Sessions Case No. 36 of 2005 by Judgment and Order dated 13.4.2004.

2. Being aggrieved by the said Judgment and Order, the appellants have filed the present Criminal Appeal. The prosecution case in nut-shell is as follows:

(a) Somnath (original accused no. 3) is the son of Bhagwan and Kasubai (original accused Nos. 1 and 2). Ravindra and Balaji (original accused Nos. 4 and 5) are the brothers of Somnath. Somnath was married to Pushpa, daughter of Ramdas Shivale (P.W.1) on 12.5.2004. At the time of marriage, the father of Pushpa had offered Rs. 61,000/- to the bridegroom and had performed the marriage at his house i.e. at Mokbhangi, Taluka-Kalvan, District Nashik. It is alleged that for about 2 to 3 months after marriage Pushpa was treated properly. However, thereafter she was being harassed on one or the other reason. It is alleged that Somnath was demanding money from his father-in-law for purchasing rickshaw and his brother had demanded Rs. 50,000/- for reconstructing the old house.

(b) On 23.3.2005 Bhagwan infom1ed P.W.1 i.e. Pushpa's father that Pushpa had died due to burn injuries. Thereafter P.W.1 with other relatives reached the matrimonial house of Pushpa at village Saudane at about 5.45 to 6 p.m. They saw that window of the rear side of the house was removed by damaging wall and the gunny bags containing corns were taken out of the house. They saw that Pushpa was totally burnt. The police were conducting panchanama.

(c) The dead body of Pushpa was sent for post mortem. Post mortem examination revealed that the cause of death of Pushpa was asphyxial death due to throttling and 100% deep burn injuries which may be post mortem in nature.

(d) On the same day at about 4.30 p.m. Ramdas Shevale (P.W.1) lodged a report at Malegaon Taluka Police Station against the appellants. According to him, the accused persons have caused homicidal death of Pushpa due to failure on his part to pay Rs. 50,000/- to the appellants/accused. On the basis of his report Crime No. 45 of 2005 was registered at Malegaon Police Station against the accused persons for offence punishable under Sections 302, 498A, 304B r/w 34 of Indian Penal Code.

(e) Investigation was set in motion. The accused were arrested. After completion of investigation, charge-sheet was filed on 26.5.2005. The case was committed to the Court of Sessions and registered as Sessions Case No. 36 of 2005.

3. The prosecution examined in all 8 witnesses to bring home the guilt to the accused. The original accused Nos. 3 and 4 examined 3 witnesses to substantiate their plea of alibi and to prove that Pushpa was being prosecuted in pursuance to the complaint of her cousin Gayatri.

4. P.W.1 Ramdas Shevale happens to be the unfortunate father of deceased Pushpa. He has categorically stated that on 23.3.2005 after receipt of information that Pushpa had died due to burn injuries, he rushed to the house of Pushpa alongwith family members and relatives and he saw that Pushpa was lying in a supine condition, that rear side window of the house was removed by damaging wall. In the front door some loaded gunny bags were taken out of house. The police persons were present there and were conducting panchanama. According to him, he had lodged the report at about 11 to 11.15 p.m. The relatives of Pushpa at matrimonial side i.e. the presen