SADHANA S. JADHAV, J.

1. The appellants herein are convicted for the offence punishable under Section 498A read with Section 34 of Indian Penal Code and sentenced to suffer R.I. for one month and to pay fine of Rs. 300/- each in default to suffer S.I. for three months in Sessions Case No. 23 of 1993 by the Addl. Sessions Judge, Sangli vide judgment and order dated 21.4.1994. Hence, this appeal. Such of the facts necessary for the decision of this appeal are as follows:-

Shivaji Metkaro, appellant No. 1 was married to Parubai 7-8 years prior to the date of incident. The couple was blessed with two daughters. On 6.11.1992, the dead bodies of Parubai and her two daughters were found in the well situated in the field known as Khadi. The well belonged to Nana Dadu at Village Gharniki. A.D. No. 33 of 1992 was registered under Section 174 of Cr. P.C. The bodies were sent for postmortem. The post-mortem notes indicate that the bodies were eaten by aquatic animals. The opinion regarding the probable cause of death was death due to asphyxia due to drowning. Sonabai Patil, mother of the deceased, was also called. She was present at the time of funeral. On 9.11.1992, Sonabai lodged a report at the police station alleging therein that after 1½ years of marriage Parubai had begotten a daughter, who was named Shobha and after 3 years, she had begotten second daughter. Parubai occasionally visited her matrimonial house. When Parubai had come for her delivery, she had informed her mother that the husband harassed her and was beating her as he was demanding 2 tolas of gold. She had further informed that she will return to matrimonial home only if she would come with 2 tolas of gold with her. The husband of Parubai had taken away the granddaughter Shobha. Parubai was reluctant to send Shobha and therefore there was a quarrel between the couple. Prior to Diwali festival, Parubai had again informed her mother that her husband and mother-in-law had harassed her on account of demand of two tolas of gold. Sonabai had noticed that daughter Parubai had an injury in her hand. She had therefore taken her to Dr. Patole. She has further reiterated that Parubai was harassed at the hands of the family members of her matrimonial family.

On 6.11.1992, at about 5 p.m. she was informed that Parubai had committed suicide by jumping into the well and hence she had been to the house of Parubai. She had seen the dead bodies. She had noticed that the skin was nibbed by aquatic animals. He had concluded by saying that Parubai had committed suicide due to harassment meted out to her at the hands of the present appellants. On the basis of her report, offence was registered against the accused persons. Investigation was completed and charge sheet was filed. The case was committed to the Court of Sessions and was registered as Sessions Case No. 23 of 1993. Charge was framed against the accused for the offence punishable under Section 304-B, 306 and 498A of Indian Penal Code. The prosecution examined six witnesses to bring home the guilt of the accused.

2. PW-2 is the mother of the deceased. She has deposed before the Court in consonance with her first information report. She has proved the contents of the first information report. She had narrated several instances when Parubai had disclosed to her about the cruelty and ill-treatment meted out to her at the hands of the appellants. On the date of the incident, she was informed by Baburao Yele about the death of Parubai. She had seen the dead body of Parubai with her two daughters near the well. She has admitted that after four days after the incident, she had lodged report at the police station. She has admitted in the cross-examination that there was no female child in the house of the accused at the relevant time except the two daughters of Parubai. Shobha and Rupali were loved by the family members.

3. It is also admitted in the cross-examination that she had offered gifts, gold and other articles at the time of