1. This appeal has been preferred by the appellant (hereinafter will be referred as ‘the accused’) against the judgment and order passed by the learned Ist Adhoc Additional Sessions Judge, Gondiya in Sessions Trial No.72 of 2001 on 25-11-2003, whereby the learned trial Judge had convicted the accused for the offence punishable under Section 306 of the Indian Penal Code and sentenced to suffer rigorous imprisonment for five years and to pay a fine of Rs.2000/-, in default, to suffer simple imprisonment for three months.

2. The learned trial Judge further convicted the accused for the offence punishable under Section 498A of IPC and sentenced to suffer rigorous imprisonment for two years and to pay a fine of Rs.1000/-, in default, to suffer simple imprisonment for one month.

3. I have heard Mr. S.G. Karmarkar, the learned counsel for the appellant and Mrs. Shamsi Haider, the learned Additional Public Prosecutor for the respondent/State. With their assistance, I have carefully gone through the record of the prosecution case.

4. The facts in brief are as under:

Komalwati (deceased) married to the accused on 30-04-1998 at Bordi, District Balaghat (MP). After marriage, Komalwati started residing with the joint family of accused at Latori, Tahsil Salekasa, District Gondiya. It is the case of the prosecution that, at the time of marriage, the father of deceased Komalwati presented her necessary household articles and performed the marriage as per his financial status. For about one year, there were no complaints from Komalwati. However, after about one year of marriage, the accused started demanding Sofa and Bed. Accordingly, PW2 presented those articles to him. The accused then demanded motorcycle, however, the father of Komalwati could not fulfill his demand. On 03-11-2000, Komalwati delivered first female baby by name Jidyasa. It is alleged that, the accused was insisting Komalwati to bring motorcycle, furniture, ornaments and the amount of Rs. 10,000/- and for that demand the accused used to harass her. During Raksha Bandhan festival of 2001, Komalwati visited her parental house at Bordi and disclosed the ill-treatment meted out by the accused. At that time, she was carrying second pregnancy. Komalwati resided with her parents till Ganesh festival. Komalwati was not ready to return her matrimonial house. However, her father reached her to Latori and paid the amount of Rs. 10,000/- to the accused. On 07-10-2001, Komalwati delivered a second female child at Latori. It caused much displeasure in the family of the accused and they were disappointed due to the birth of second female child and so also their demands were not fulfilled. It is alleged that the accused started harassing Komalwati. Komalwati could not tolerate the said harassment and on 30-10-2001 at about 5.30 to 6 o'clock in the early morning, she killed her both the daughters by administrating Endosulfan insecticide and committed suicide by consuming the said poison.

5. PW1-Gendlal, the Police Patil, immediately informed about the said incident to Police Station Salekasa and lodged the report (Exhibit-55). The Police rushed to the place of incident and conducted the spot panchanama (Exhibit-69). The traces of vomitus were collected from the spot (Exhibit-70). During the course of investigation it was observed that, Komalwati had confined herself in a room and in order to prevent the entry of others, she had placed obstacle of heavy weight besides the door of the room. When the villagers entered inside the room, both the daughters and Komalwati were found struggling for life. Prior to shifting them to hospital, Komalwati died on the spot, whereas her both the daughters died in Primary Health Centre, Salekasa.

6. The Police conducted the inquest panchanama (Exhibit-67). The dead bodies of Komalwati and her two daughters were sent for post mortem (Exhibit-74). The PM report reveals the cause of death as cardio respiratory arrest due to Organ Phosphorus poison.

7. On 01-11