Sunil K. Kotwal, J.

1. This appeal is directed by the State of Maharashtra against the judgment and order of acquittal passed by Additional Sessions Judge, Udgir dated 07.04.2006 in Sessions Case No. 30/2005, acquitting all the accused Nos.1 to 6 of the offences punishable under Sections 302, 304-B, 498-A and 201 read with Section 34 of the Indian Penal code (hereinafter referred to as the “I.P.C.”) and under Section 3 and 4 of Dowry Prohibition Act. Respondents are the original accused Nos.1 to 5 respectively.

2. Shorn off unnecessary details, the prosecution case in brief is that, Kavita @ Nikita w/o Venkat Deokate married with accused No.1 on 06.05.2001. She cohabited with accused No. 1 and his other family members i.e. accused Nos.2 to 6 at Mauje Deoni (Budruk). At the time of marriage, dowry of Rs. 2,00,000/- (Rupees Two Lakh), one Hero Honda Motorcycle and 2 Tolas gold were given to accused No.1. Initially the cohabitation of Kavita @ Nikita (hereinafter referred as the “deceased”) was normal. However, after six months after the marriage, accused started demanding 2 Tolas gold at the eve of Diwali Festival. That demand was fulfilled. Thereafter for the period of two years everything was normal. However, thereafter again accused persons started ill treatment to deceased as she was issue-less. Accused persons demanded Rs.25,000/- from the parents of deceased and in the alternate threatened to perform second marriage of accused No.1. That demand of Rs. 25,000/- was fulfilled. Even medical treatment was given to deceased and in the result she became pregnant. When the deceased carried seven months pregnancy, on 04.01.2005 she gave telephonic message to her brothers and mother that accused were ill treating her, and therefore, she should be taken to her parental home at the earliest.

3. On 05.01.2005, dead body of deceased was found in the bathroom in burnt condition. Accused Dhanraj Deokate submitted A.D. Report (Exh.81) to Police Station, Deoni. During A.D. Inquiry, inquest panchnama (Exh.57), spot panchnama (Exh.56) were prepared. By that time, the parental relatives of the deceased were informed about the occurrence. They reached to Deoni at night hours. They expressed doubt about death of the deceased and insisted for preparation of second inquest panchnama. Therefore, second inquest panchnama (Exh.72) was prepared by the police. Dr. Sanjaykumar Bagde (PW-8), Medical Officer, Rural Hospital, Deoni performed postmortem examination of the dead body alongwith two more Medical Officers and opined that cause of death of deceased was as a result of “asphyxia due to strangulation”.

4. On 06.01.2005, mother of the deceased namely Kamlabai Pandhre (PW-12) lodged F.I.R. (Exh.78) to Police Station, Deoni. In the result, the above-said offences were registered against accused Nos.1 to 6. On 06.01.2005, accused Nos.1 to 5 were arrested. During the course of investigation, clothes of accused Kamlabai and accused Dhanraj were seized. Kerosene can, partly burnt match stick and match box as well as pieces of burnt clothes of the deceased were seized from the spot. Seized articles were referred to Chemical Analyst for chemical examination. After completion of the investigation, charge-sheet was submitted in the Court of Judicial Magistrate, First Class, Udgir.

5. Offence punishable under Section 302 and 304-B of I.P.C. being exclusively triable by Court of Sessions, this case was committed to Sessions Court, Udgir.

6. Charge (Exh.27) was framed against accused Nos.1 to 6 for the offences punishable under Sections 302, 304-B, 498-A, 201 read with Section 34 of I.P.C. and under Section 3 and 4 of Dowry Prohibition Act. Accused pleaded not guilty and claimed trial.

7. Defence of the accused is of total denial. They contended that after the death of deceased, the parental relatives demanded amount of Rs.3,50,000/- and on refusal by accused to pay this amount through M.L.A. Khandre, they brought pressure on the Doctor and obtained false pos