V.M. Deshpande, J.

1. Appellant Mahesh (accused no.1) faced the Sessions trial bearing Sessions Case No. 75 of 2011 before the learned Sessions Judge, Jalgaon, along with his parents Vasant (accused no.2) and Latabai (accused no.3), for the offence punishable under Sections 498A r/w 34 of the Indian Penal Code. Appellant Mahesh was also charged for the offence punishable under Section 302 of the Indian Penal Code. The learned Sessions Judge, Jalgaon vide judgment, dated 20.10.2011 was pleased to acquit all of them in respect of the offence punishable under Section 498A r/w 34 of the Indian Penal Code. However, the learned Sessions Judge was pleased to convict appellant Mahesh for the offence punishable under Section 302 of the Indian Penal Code and was directed to suffer imprisonment for life and to pay fine of Rs.1,000/-, in default of payment of fine, he was directed to undergo further rigorous imprisonment for six months. Appellant Mahesh-original accused no.1 is taking exception to his this conviction and sentence awarded to him by the learned Sessions Judge, Jalgaon by preferring the present appeal.

2. The prosecution case, as it is, unfurled during the trial, can be narrated as under:-

Deceased Sharda was eldest daughter of Vijayabai Patil (PW 4). Her marriage was performed with appellant Mahesh on 20.4.2008. After marriage, Sharda started cohabiting with Mahesh along with her in-laws at village Khedgaon. Couple resided there for a period of four months. Though for initial period of 15 days of her marriage, Sharda was nicely treated by Mahesh and his parents, she started receiving taunts that her parents have failed to give substantial gifts. Taunts were followed by beating. Sharda used to disclose this illtreatment to Vijayabai (PW 4) on telephone.

3. After four months of residence at Khedgaon, Mahesh and Sharda started residing at Thane, wherein Mahesh was working in some school. Telephonic disclosure to Vijayabai by Sharda from Thane about her ill-treatment remained to be continued. In addition to that, it was disclosed that Mahesh used to beat Sharda under the influence of liquor.

While residing at Thane, Sharda conceived. During her pregnancy, Sharda was taken to Khedgaon, though it was requested to send her to parental house, her in-laws did not permit her to go to her parental house. Sharda again went to Thane. Father of deceased Sharda went to Thane and took Sharda to their place at Navsari.

At parental house, Sharda disclosed that her husband-Mahesh used to beat her in intoxicated condition, complaints were also made against her father-in-law and mother-in-law. The ill-treatment was for pursuing her to get valuable gifts from her parents.

A baby girl was delivered by Sharda. After 1¼ month of the said delivery, sister-in-law of Sharda and her husband came to Navsari to take Sharda with them, and accordingly, Sharda went to Khedgaon. Ill-treatment was unabated at Khedgaon. Therefore, father of Sharda along with father and brother-in-law of Vijayabai (PW 4) went to Khedgaon for giving Rs.10,000/- to the accused. The demand of the accused persons was Rs.50,000/-

4. On 25.11.2010, Vijayabai (PW 4) was at Navsari. That time, she received a telephonic call from her brother-in-law Bhalerao Patil (PW 10) and it was disclosed to Vijayabai through said telephonic call that Sharda was burnt and she was admitted in hospital at Dhule. PW 10-Bhalerao Patil is resident of Shirur, Taluka Amalner. He came to know about the incident because of the telephonic information given to him by the accused persons.

5. On getting information, Vijayabai (PW 4) along with her husband and other relatives reached Dhule at mid night. They rushed to the hospital. They could see Sharda, but could not talk with her, since she was already dead. This is one part of the prosecution case.

6. In the mean while, after getting burn injuries on 25.11.2010, Sharda was brought to the Casualty at Civil Hospital, Dhule. On getting the informati