By the present appeal, the appellant – State has challenged the judgment of acquittal dated 7-11-2003 of respondents/accused, passed by Additional Sessions Judge, Akola in Sessions Trial No. 136/2001.

2. It is the case of prosecution/appellant that deceased Anita was married with respondent/accused no. 2 Vijay on 29-1-2001. Respondent/accused nos. 1 and 3 are mother-in-law and father-in-law of deceased Anita. After the marriage, respondents/ accused started ill-treatment to the deceased. Her mother-in-law and father-in-law directed her to bring Rs. 25,000/- from her parents. On that count, they were ill-treating the deceased. There was meeting and in that meeting, respondents/accused agreed not to give any ill-treatment, therefore, she was sent to the matrimonial home on 30-3-2001. On the day of incident, there was some religious program at the house of her father/P.W.1, he gave invitation to the accused. Accused not allowed her to go to her parents house and threatened her to beat and, therefore, she herself poured kerosene and set her on fire. On the report of P.W.1 vide Exhibit 21, crime was registered against the accused by Police Station, Barshitakli, District Akola for the offences punishable under Sections 498A and 306 of the Indian Penal Code.

3. Deceased was admitted in the Government Hospital at Akola. P.W.5 Noor Ahamadkha Kalandarkha, Executive Magistrate went to the Government Hospital and recorded dying declaration, Exhibit 47 in which she has stated that due to continuous harassment of her mother-in-law, she has committed suicide.

4. Again on the same day, P.W.11, A.P.S.I. Shantaram Tayade recorded her dying declaration, Exhibit 67 in which she has stated that due to continuous ill treatment of accused persons, she has committed suicide. Investigating Officer, P.W.7 Shri Sable recorded statements of witnesses. P.W.7 investigated the crime and after completion of investigation, filed charge-sheet before the Judicial Magistrate First Class, Barshitakli who in turn committed the same to the Court of Sessions, Akola.

5. Learned Adhoc Sessions Judge framed charge at Exhibit 8 for the offences punishable under Sections 498A and 306 read with Section 34 of the Indian Penal Code. Prosecution has examined in all total 11 witnesses. After hearing the prosecution and defence, trial Court come to the conclusion that prosecution failed to prove the guilt of accused beyond reasonable doubt, therefore, acquitted all the accused for the offences charged against them. Being aggrieved by judgment of acquittal, present appeal is filed by the State.

6. Heard Shri Doifode, learned Additional Public Prosecutor for the appellant-State. He has pointed out me evidence of P.W.1, P.W.2, P.W.3 and P.W.4. Learned Additional Public Prosecutor has submitted that evidence of P.W.1 shows that there was ill-treatment by the accused persons and, therefore, there was meeting. He has stated that his daughter when visited to his house told him that her mother-in-law and father-in-law told her to bring Rs. 25,000/- from her parents. Learned Additional Public Prosecutor submitted that there was a meeting on 28-3-2001. In the meeting, P.W. 2 and P.W. 3 were also present. All accused undertook not to ill-treat the deceased, therefore, she was sent back. Learned Additional Public Prosecutor submitted that ingredients of Section 498-A of the Indian Penal Code are proved by the prosecution.

7. Learned Additional Public Prosecutor has pointed out me evidence of P.W. 4 and submitted that when deceased was burning in the house, he saw accused no. 2 Vijay and asked him as to what happened, on that, he did not talk with him. P.W. 4 along with one Suresh Dagar opened the door and extinguished fire by pouring water on her person. Suresh Dagar brought auto-rickshaw. P.W. 4, Suresh Dagar and Madhukar Chatarkar had taken deceased to Government Hospital, Akola. Learned Additional Public Prosecutor submitted that conduct of accused shows that he was silent at the t