N.W. Sambre, J.

Since all these appeals arise out of the judgment and order dated 27th July, 2011, rendered by Additional Sessions Judge, Shrirampur, in Sessions Case No.36 of 2008, they are heard together and are being decided by this common judgment.

2. So far as Criminal Appeal No.437 of 2011 is concerned, the same is preferred by appellant/original accused no.1 Ramdeo, who is convicted vide section 235 (1) of the Code of Criminal Procedure, for an offence punishable under section 302 of the Indian Penal Code and sentenced to suffer imprisonment for life and to pay fine of Rs.25,000/-, in default to suffer simple imprisonment for six months.

3. Criminal Appeal No.85 of 2012 is preferred by the State of Maharashtra, questioning the acquittal of accused no.1 Ramdeo for an offence punishable under sections 498-A read with sec. 34 and 120-B of the Indian Penal Code; acquittal of accused nos.2 and 4 Saraswati and Indira, respectively, for an offence punishable under sections 302, 498-A read with sec. 34 of the Indian Penal Code and also the acquittal of accused no.3 Laxmikant.

4. So far as Criminal Appeal No.442 of 2011 is concerned, the same is preferred by original complainant Prakash Shantilal Varma against the acquittal of the accused.

5. Facts, as are necessary for decision of these appeals, are as under :-

Accused no.1 Ramdeo married to Chandarani, who is resident of Sonai. Before marriage, Chandarani was residing along with her parents, brothers and sister at Aurangabad. The marriage took place on 4th December, 1998 at Aurangabad. After the marriage, deceased Chandarani started residing with the accused persons at Sonai. Accused no.2 Saraswatibai is mother-in-law; accused no.3 Laxmikant is brother-in-law of deceased and accused no.4 is sister-in-law of Chandarani and wife of one Rameshwar Warma.

6. On 17th March, 2008, Assistant Police Inspector P.W. 13 Sanjay Hibare, who was present on duty at Sonai police station, received an intimation at about 5.05 p.m. about the accidental death of Chandarani from one Kiran Chandel, her cousin brother-in-law. On the basis of the said intimation, an entry in the register of accidental deaths as A.D. No.8 of 2008 was made. Pursuant to the said intimation, P.W.13 A.P.I. Sanjay Hibare visited the spot of the incident, which was on the second floor of the house of accused Ramdeo and saw that Chandarani was burnt and was dead. P.W.13 Sanjay, accordingly, called three panchas, a female and two male, namely; Dwarka Baburao Kumawat, Sudhakar Nanasaheb Darandale and Anil Trimbak Darandale and upon examining the dead body, drew inquest panchnama (Exh.63), which was commenced at 5.15 pm. and concluded at 6.00 pm.

7. After the inquest panchnama, the dead body was handed over in the custody of Police Constable Pawar for sending the same by ambulance to Newasa Rural Hospital for post mortem examination.

8. Subsequent thereto, on the same day, P.W.13 Sanjay prepared spot panchnama (Exh.113) in the presence of two panchas, namely, Kiransing Chandel and Ranjit Jadhav, resident of Sonai. The spot panchnama was commenced at 6.05 p.m. and concluded at 7.00 p.m. At the spot, he had noticed articles, namely, Five Liter kerosene container of green colour having 1-1/2 Ltrs. Kerosene, the cap of which was lying aside, burnt match box, burnt match sticks and one burnt piece on the spot of the incident, which were seized, sealed and wrapped in a paper by putting appropriate signatures and seals thereon. He then noticed that the bedroom in which Chandarani died had a attached bath-room, having a fiber door, which was not burnt. He had then taken photographs of the spot of the incident through a photographer. The said photographs are at Exh.115. He claimed that he prepared panchnama as per the scene of the incident. He then forwarded copy of inquest panchnama, copy of inquest form to the Rural Hospital, Newasa along with Police Constable Pawar.

9. The post mortem on the dead body of Chandarani was not performed at