The main legal point established is that the absence of an explanation from the accused regarding a custodial death, coupled with the attempt to commit suicide and subsequent conduct, can lead to an inference of guilt.

A.M. DHAVALE, J.

1. The appellant along with his two brothers was prosecuted under Sections 302, 304-B, 498-A, 309 and 114 of the Indian Penal Code and by judgment in Sessions Case No.99 of 2008, learned Additional Sessions Judge, Osmanabad convicted the appellant only, for the offences under Sections 302, 306 and 309 of the Indian Penal Code and sentenced him as follows :

Sr. No.	Section	Conviction and Sentence
1	302	Life imprisonment and fine of Rs. 5,000/-, in default to suffer simple imprisonment for two years
2	316	Rigorous imprisonment for seven years and to pay fine of Rs. 2,000/- in default to suffer simple imprisonment for six months
3	309	Simple imprisonment for six months

2. Aggrieved by the said conviction and sentence, the appellant - husband of the deceased has preferred this appeal.

3. Facts relevant for deciding this appeal may be stated as follows :

4. Deceased Vaishali, aged about 22 to 25 years was daughter of P.W.3 - Kusum, residing at Rameshwar Taluka Bhoom, District Osmanabad. About two years before the incident, in or about 2005, she was given in marriage to the appellant-accused no.1 Pandit Sanap resident of village Ulup, which is two K.ms. away from Remeshwar. Thereafter, she started co-habiting with him. On 27th February 2007, in the morning, dead body of Vaishali was found in her house. She had two incised wounds and three contused lacerated wounds on the neck and she died due to "Severe hemorrhage from left neck vessels due to severe lacerations to these vessels due to injury". Her husband, appellant had consumed poison. Her mother received message on the same day at 9.00 a.m. She along with her relatives rushed to the spot and found that her daughter was lying dead in the house. One axe having blood stains was lying by the side of the dead body. On the same day, at 2.40 p.m. she lodged first information report, which was registered at C.R.No.16 of 2007 under Sections 498-A, 302, 304-B, 309, 114 of the Indian Penal Code at Bhoom Police Station and was investigated into. P.W.3 - Kusum in her first information report alleged that dowry of Rs. 35,000/- was agreed, to be paid, out of which Rs. 20,000/- was paid at the time of marriage and due to her poverty, she agreed to pay the balance amount of Rs. 15,000/- after one year. She could not make the payment even after one year. The accused and his two brothers Ranjeet and Dattatraya were demanding dowry of Rs. 15,000/- from Vaishali and were subjecting her to ill-treatment in the form of abusing and beating. All the three accused also made demands of Rs. 15,000/- from P.W.3 - Kusum by visiting her house at Rameshwar on some occasions. Whenever Vaishali was visiting her matrimonial house or whenever P.W.3 - Kusum was visiting Vaishali's house, Vaishali was weeping and deposing about the ill-treatment at the hands of accused persons. In January 2007, Vaishali had visited Rameshwar for attending 'Harinam Saptah' and at that time, she reiterated that her husband's brother Ranjeet and step brother Dattatraya were instigating her husband and her husband at their instigation was assaulting her. When the accused and his brothers came to take back Vaishali, P.W.3-Kusum had assured that she would make the payment within short time. The investigation reveals that at the time of death, Vaishali was pregnant with gestational age of sixteen to eighteen weeks. The appellant had attempted to commit suicide. The Investigating Officer seized blood stained axe from the spot, drew spot panchanama and inquest panchnama. The clothes of Vaishali stained with blood were seized. The autopsy was carried out on the dead body by P.W.1 Dr. Balaji. The statements of two Medical Officers to whom the accused had gone for treatment on poisoning were recorded. T