B. P. DHARMADHIKARI, J.

Challenge in this appeal against acquittal is to a judgment and order dated 10-5-2000, delivered by the Additional Sessions Judge, Buldhana in Sessions Case No. 80/1993, acquitting the respondents/accused of offence punishable under sections 498-A read with section 34, 302 read with 34 and 201 read with 34 of Indian Penal Code. Deceased Renuka happened to be wife of respondent No. 1/accused No. 1 Satish. Respondent No. 2 - accused No. 2 Vilas is elder brother of Satish, while respondent No. 3 - accused No. 4 Sou. Sadhana is wife of Vilas. One more brother of Satish namely Rajesh was accused No. 2, but, he came to be discharged by the trial Court and he is not party respondent in the present appeal under section 378 (3) of Criminal Procedure Code filed by the appellant State Government.

2. Incident has taken place on 7-4-1993, while marriage between Satish and deceased Renuka was solemnized on 8-5-1990. Couple has a son by name Om, nick named Salman.

3. Case of prosecution in brief is that a report was lodged at police station, Buldhana by P.W.2 Anand Laxminarayan Garol and one Subhash Baburao Garol about unnatural death of deceased Renuka on 7-4-1993. P.W.2 Anand is younger brother of deceased Renuka. As per that report, parents of deceased Renuka residing at Aurangabad came to know about death of their daughter Renuka at Buldhana. Their neighbour Mr. Ashok Dhanraj received a message on that day at about 8.30 to 9.30 p.m. that as per wireless message received from Buldhana Police Station, Renuka had expired. Complainant then reached Buldhana by a private vehicle along with other family members. After observing body of the deceased they suspected foul play due to injury marks indicating pressing of neck and marks of beating on hands and legs. They made queries with accused No. 1- husband Satish, brother-in-law Vilas, his wife Sadhana, as also discharged accused Raju @ Rajesh. All these persons gave different reasons, inconsistent with each other. Renuka was facing physical and mental harassment at the hands of these persons. During her visit to her parents place at Aurangabad, Renuka was asked to demand articles like Dining Table, Fridge etc. Parents supplied some articles to keep Renuka happy. Accused had given threat to Renuka that if these articles were not brought, she would be killed.

4. After receipt of this report, Buldhana Police Station registered Crime No. 90/1993 under section 304-B, 498-A read with section 34 of Indian Penal Code. Investigating Officer P.S.I. Shekhar Chincholkar drew inquest panchnama Exh.112; Spot Panchnama Exh.136. Some articles produced by Rajesh @ Raju, were seized vide Exh.134. P.W. 12 Dr. Umesh Navade, performed post-mortem and its report is at Exh.195. Query made by the investigating officer was replied to by Dr. Umesh, vide Exh.196. Police constable Diwalchand handed over dead body to father of the deceased. Accused Nos. 1, 2 and 3 were arrested on 8-4-1993 at 12.45 hours, while Sadhana was arrested on 17-4-1993 at 15 hours. Accused No. 1 Satish gave a discovery statement in respect of seizure of articles gifted by Laxminarayan and in respect of a cable wire. P.S.I. Kailash Oval, drew memorandum of statement of accused No. 1 vide Exh.144 and articles discovered have been seized as per seizure panchnama Exh.145. In post-mortem report asphyxia due to strangulation, has been recorded as a reason for death. However, viscera was preserved and it was forwarded to Chemical Analyzer. Chemical Analyzer did not find any poison in viscera. Revenue Inspector Sharad Dange prepared map on of spot of incident (Exh.142). Dr. Vinod Kumar Ukarde, examined accused No. 1 and issued medical certificate Exh.205; Accused No. 3 was found to be potent by the Medical Officer. Then charge-sheet came to be filed in the Court of Chief Judicial Magistrate, Buldhana on 7-7-1993. Said Court in turn committed the case to Court of Sessions.

5. Before proceeding further it will be appropriate to r