A.M. DHAVALE, J.

1. Both these appeals are against the judgment in Sessions Case No. 63/2001 delivered by the Addl. Sessions Judge, Beed, on 2-2-2002 whereby the accused was convicted only under section 498-A, Indian Penal Code and was sentenced to suffer RI for one year and six months and to pay fine of Rs. 1500/- in default, RI for six months and was acquitted under section 302 of Indian Penal Code. The aggrieved accused has preferred Cri. Appeal No. 73/2002 against conviction while the aggrieved State has filed Cri. Appeal No. 312/2002 against acquittal.

2. The facts relevant for deciding these appeals may be stated as under:

On 15-3-2001 at 09:45 a.m. the accused Gautam then aged 28 years serving as a Police Constable in Police Band lodged report at Beed town Police Station. As per his report Exh.44, he was residing with his wife Anita and one son and one daughter in house No. 139, O Line, Balepir at Beed. On 14-3-2001, he returned from his duties from Ambejogai to his house at 07:30 p.m. Then at 08:30 pm., he went to attend a Haldi programme of a daughter of his colleague Head Constable – Bhise and returned at 10:45 p.m. His wife, who was sleeping, got annoyed and asked him why he came late and slapped herself and dashed her skull against wall. He told her she could do whatever she wanted to do. He slept with his children on a cot while his wife was sleeping on the floor. On the next day morning at 05:30 a.m. he saw that his wife was not sleeping in the said room. He saw from window that she had latched the front room both from front side as well as from back side and hanged herself. He gave call to her but she did not respond. He narrated the incident to his aunt Vithabai and then went to the Police Station and lodged report. On the basis of the said report, Station Diary Entry No. 75/2001 and Accidental Death Inquiry 10/2001 were registered. At 08:30 p.m. deceased Anita’s father Kaluji (PW-4) lodged FIR Exh.29. As per FIR, he was a teacher working as a Kendrapramukh at Pachegaon. He had one son and five daughters. Deceased Anita was his daughter No. 4. In 1993, she was given in marriage to accused Gautam at Gondi, Tq. Ambad, Dist. Jalna. Anita was blessed with one daughter Priti and one son Shubham, aged 5 and 3 yrs. respectively, at the time of incident. Gautam was serving in Police Department at Beed. At the time of marriage, agreed dowry in the form of gold ring of one tola, Rs. 10,000/- cash, clothes and utensils were presented. After the marriage, the accused Gautam developed habit of consumption of liquor and he used to assault and ill-treat Anita under the influence of liquor. Anita whenever used to visit her maternal house, used to report about such ill-treatment. PW-4-Kaluji, father of deceased Anita persuaded the accused to behave properly. At the time of earlier Shivratri, Anita had been to him and stayed with him for two days. That time, she had told him that the accused used to consume liquor and used to assault her but she told him that she would cohabit with him so that her matrimonial relations should not be disturbed. About two days thereafter, the accused took Anita to Beed for cohabitation. About one year before the incident, when Anita had been to him, the accused followed her and under the influence of liquor assaulted her with a stick and on the same day, he brought his two children to Beed but after two days, he wrote a chit (Exh.28) and sent it along with his aunt Vithabai wherein he promised that he would treat Anita well and would not harass her and he would be responsible if anything happens to her life. Hence, Anita was sent along with Vithabai for cohabitation. On 15-3-2001, at 08:00 a.m. he received message from PW-7 Constable Sasane that, Anita had committed suicide by hanging. Hence, he and his family members went to the house of the accused. They saw that Anita’s dead body was