S.S. Shinde, J.

1. This Appeal is directed against the Judgment and Order dated 7th January, 2003 passed by the IInd Adhoc Additional Sessions Judge, Ahmednagar in Sessions Case No. 52 of 2001, thereby acquitting both the accused i.e. Respondent Nos.1 and 2 from the offences punishable under Sections 302, 498A read with section 34 of the Indian Penal Code (for short "I.P. Code").

2. The prosecution case, in brief, is as under:

A. Smt. Chadrakala Devidas Kale (PW1) resides at Kolhapur. Deceased Pratibha was the daughter of PW1 – Chandrakala and deceased Devidas Kale, who died prior to the marriage of Pratibha. Accused Suresh is the only son of accused Lilabai. His father also died during his childhood. Both accused Lilabai and Suresh are in service and also own house in Butkarwadi, Ahmednagar.

B. It is the case of the prosecution that, the marriage of Pratibha (now deceased) and Suresh Pawar was solemnized, and during the said marriage dowry was also paid. After marriage, Pratibha went for cohabitation with accused. During first year of the marriage, there was proper cohabitation between the spouse. Thereafter, both the accused started ill-treating Pratibha thereby making dema