The main legal point established in the judgment is the requirement of trustworthy and corroborated evidence to establish the guilt of the accused in cases of dowry death, emphasizing the need for a proximate and live link between the alleged cruelty and the death of the woman.

1. Present Appeal is directed against the Judgment and Order of conviction passed by the learned Extra Joint District and Sessions Judge, Ahmednagar dated 17/11/2000 in Sessions Case No. 63/1999. By the said Judgment and order of conviction, appellant is convicted for the offence punishable u/s 304B, 498A of the Indian Penal Code. Learned Court below directed that the appellant shall suffer Rigorous Imprisonment for a period of seven years and to pay fine of Rs. 2000/- and in default to suffer simple imprisonment for six months. Though the appellant is convicted for the offence punishable u/s 498A of the Indian Penal Code, no separate sentence is awarded on that count.

2. The prosecution case is in narrow compass. It is stated herein under :

Chandrakant Nivrutti Jadhav [P.W.6] was serving as Head Constable at Nagar Taluka police station. On 14/12/1998, when he was on duty in the police station, Police Constable Syed informed on telephone, on the basis of the information received from Doctor that one Padma Subhash Kale, resident of Sarola was admitted in the hospital due to the lock of her jaw and prior to her admission in the hospital, she was dead. Chandrakant Jadhav reduced the said information in writing [Exh.12]. Entry to that effect was also taken in the station diary and accidental death proceedings were registered and he took the investigation of the same to himself. He went thereafter to the Civil hospital and conducted Inquest [Exh.13] over the dead body. He also visited spot at Sarola in presence of two panchas and spot panchanama [Exh.21] was also drawn. Two small packets containing insecticide powder were seized from the spot. He recorded statement of Mohan Kale, Dnyandeo Kale and Ganesh Kale.

3. Shrikrishna Rajdeo, Police Sub Inspector [P.W.8] was attached to Nagar Taluka police station. On 14/12/1998, when he was on duty, Shrimant Jadhav [P.W.1] came to the police station and lodged Complaint, in respect of which accidental death proceedings were already registered. Oral complaint of Shrimant Jadhav was reduced into writing by P.S.I. Rajdeo. He also obtained the signature of the complainant. The Complaint is at Exh. 15. P.S.I. Rajdeo noticed that the Complaint was disclosing the commission of cognizable offence, therefore, the offence was registered vide Crime No. 131/1998 u/s 304B read with 34 of the Indian Penal Code against the persons named in the said complaint. He himself took the investigation of the said crime. On 14/12/1998, accused persons were arrested. P.S.I. Rajdeo also recorded statements of the relatives of the deceased on the same date. On 19/12/1998, he also recorded statements of some other witnesses. Seized articles were sent under his requisition [Exh.35] to the Chemical Analyzer. After the completion of investigation, he submitted charge sheet in the Court.

4. After the committal, the case was registered as Sessions Case No. 63/1999 and was allotted on the file of Extra Joint District and Sessions Judge, Ahmednagar. Learned Judge of the Court below on 29/06/1999 under Exh. 5 framed Charge against the appellant and his parents Dadabhau Kale and Shakuntala w/o Dadabhau Kale. They were charged for the offences punishable u/s 304B and 498A read with 34 of the Indian Penal Code. All accused persons denied the charge and claimed for their trial. In order to bring home the guilt of the accused, eight prosecution witnesses entered into witness box. Certain documents like spot panchanama, seizure panchanama, postmortem notes and Chemical Analyzer's report were also relied by the prosecution during the trial. 5. Learned Judge of the Court below after full dressed trial, on 17/11/2000 acquitted the original accused Nos. 2 and 3, parents of the present appellant from all the charges. However, learned Judge of the Court below found the appellant guilty for the offences punishable u/s 498A, 304B of the Indian Penal Code.

6. Heard Mr. N.V. Gaware, learned counsel for the appellant and Mr. V.H. Dighe, lea