T.V. NALAWADE, J.

1. The appeal is filed against judgment and order of Sessions Case No. 108/2005, which was pending in the Court of learned Additional Sessions Judge, Aurangabad. The Trial Court has acquitted all the accused of the offences punishable under sections 498-A, 302 r/w. 34 of Indian Penal Code (hereinafter referred to as 'IPC' for short). The present appeal is filed only against accused No. 1 Ramnath s/. Dhondiram Dandge. Both the sides are heard.

2. In short, the facts leading to the institution of the present proceeding can be stated as follows:-

Deceased Chandrakala was sister of first informant Vaijinath Palaskar. Vaijinath is resident of village Palsi, Tahsil and District Aurangabad. Chandrakala was given in marriage to accused No. 1 Ramnath Dandge about seven years prior to the incident in question. Ramnath hails from village Warud Kazi, Tahsil and District Aurangabad. Lilabai, another sister of Vaijinath was also given in marriage in the same village i.e. Warud Kazi and the house of Lilabai is situated at some distance from the house of accused persons. Accused No. 3 is mother of accused No. 1, accused No. 2 is real brother of accused No. 1 and accused No. 4 is wife of accused No. 2. Two issues were born to the deceased from accused No. 1.

3. From about two years prior to the date of incident, the deceased had started disclosing to her relatives on parent's side that all the accused were giving ill-treatment to her. The deceased had disclosed that there was illicit relation between accused No. 1 and accused No. 4. She had disclosed that accused had suspicion that the deceased was disclosing about this relationship to persons from outside and due to that, they were giving ill-treatment to her. On petty counts, accused were quarreling with deceased and they were even giving beating to the deceased. On the day of Dasara festival of the year 2004, accused No. 4 had given beating to deceased for the same reason and that was also disclosed by the deceased to first informant and other relatives.

4. The incident in question took place on the night between 1.12.2004 and 2.12.2004. Chandrakala was murdered on that night in the house where she was cohabiting with accused No. 1. On 2.12.2004 at about 7.00 to 7.30 a.m. Lilabai sister of deceased heard hue and cry and so she rushed towards the house of accused and then she learnt that Chandrakala was murdered. Information was received by the first informant and other relatives of the deceased from parent's side and they also rushed to village Warud- Kazi from Palshi. Prior to that, A.D. report was given by Police Patil of village Warud Kazi on the basis of information given by cousin of accused No. 1 and A.D. was registered.

5. A.P.I. Indal Bahure of Chikalthana Police Station had started making inquiry in to the A.D. report prior to arrival of first informant. He prepared the spot panchanama, inquest panchanama and he referred the dead body for P.M. examination to Government Hospital. Doctor, who conducted P.M. examination on the dead body, gave opinion that the death took place due to throttling. After that, the first informant gave report to Chikalthana Police Station and the crime came to be registered at 7.45 p.m. on 2.12.2004. The dead body of Chandrakala was taken in custody by the first informant and the relatives on parent's side did the funeral on the dead body. The accused persons were not available on that day. Accused Nos. 2 to 4 came to be arrested on 3.12.2004 and accused No. 1 came to be arrested on 4.12.2004. Allegations were made against all the four accused by the first informant of aforesaid nature and he had expressed that as the deceased was proving to be an obstacle in illicit relationship of accused Nos. 1 and 4, the murder was committed.

6. During the course of investigation, the statements of witnesses, some of whom are residents of village of accused and some of whom are residents of village of first informant came to be recorded. After comp