ROHIT B. DEO, J.

1. The appellant assails the judgment and order dated 22.5.2002 in Sessions Trial No. 67/1998 of the learned 1st Ad hoc Additional Sessions Judge, Bhandara by and under which the appellant is convicted for the offences punishable under Sections 304B and 498A of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for seven years and for the offence punishable under Section 306 of the Indian Penal Code and is sentenced to suffer rigorous imprisonment for two years.

2. Alongwith the appellant (hereinafter referred to as the accused) his mother Kaushalyabai was also arrayed as a co-accused. She has, however, been acquitted.

3. The deceased Kanchan married the accused on 19.5.1997 and the couple cohabited at village Sadak Arjuni. Kanchan met a watery death between 19.2.1998 and 20.2.1998. Her body was recovered from a well situated in close proximity to the residence of the accused. The accused Motiram lodged a report at police station Duggipar. An accidental case was registered under Section 174 of the Criminal Procedure Code, 1973.

4. During the course of investigation, the police prepared the spot and inquest panchanama and the dead body was sent for post mortem. The case of the prosecution is that during the course of investigation, the statements of witnesses were recorded which revealed that the accused and his mother were ill-treating the deceased Kanchan to coerce her to accede to illegal demand of dowry. Since the death occurred within seven years of the marriage and the death was treated as suicidal, offences punishable under Sections 304B, 306 and 498A read with Section 34 of the Indian Penal Code were registered. The completion of investigation led to presentation of the charge-sheet, the trial Court framed charge Exhibit-13 on 9.8.2001, the accused pleaded not guilty and claimed to be tried.

5. The charge Exhibit-13 framed by the learned Sessions Judge reads thus:

“Charge

I, B.B. Yerlekar, 1st Ad hoc Assistant Sessions Judge, Bhandara do hereby charge you:

1. Motiram S/o Kisan Shende, Aged about 22 years.

2. Kaushalyabai Wd/o Kisan Shede, Aged about 45 years.

Both R/o Sadak Arjuni, District Gondia as follows:

1. That, in between 19.2.1998 to 20.2.1998 you accused no. 1 being husband of Kanchan W/o Motiram Shende and accused No. 2 being her mother-in-law in furtherance of common intention, caused her death in well water other than normal circumstances, within seven years of marriage and thereby you both have committed an offence u/s 304B read with section 34 of the Indian Penal Code and within my cognizance.

2. Secondly, on the same date, time and place at Sadak Arjuni you both the accused persons, in furtherance of common intention, abetted to Kanchan to commit suicide, for the demand of dowry and harassed her, and thereby you both have committed an offence under section 306 read with section 34 of the Indian Penal Code and within my cognizance.

3. Thirdly, on the aforesaid date, time and place, you both being in law of deceased Kanchan, in furtherance of common intention subject to cruelty to such Kanchan, harassed her and thereby you both have committed an offence under Section 498A read with section 34 of the Indian Penal Code and within my cognizance.

And, I hereby direct that you both be tried by me on the aforesaid charges.

Dated: 9.8.2001

Sd/-

(B.B. Yerlekar)

1st Ad hoc Asstt. Sessions Judge,

Bhandara

Charge is read over and explained to the accused persons in vernacular. They pleaded not guilty and claimed to be tried.

Dated: 9.8.2001

Sd/-

(B.B. Yerlekar)

1st Ad hoc Asstt. Sessions Judge,

Bhandara.”

6. The prosecution examined nine witnesses including the brother, mother and uncle of the deceased and a family friend of the deceased to substantiate the allegation that the deceased Kanchan was ill-treated and harassed with a view to coerce her to meet unlawful demand for property and valuable security.

7. The defence of the accused as evident from the statement recorded under Section 313 of the