V.M. DESHPANDE, J.

1. These two appeals are taken up simultaneously since those arise out of judgment and order of conviction dated 3.7.2004 passed by learned 3rd Ad hoc Additional Sessions Judge, Washim in Sessions Trial No.2/2004.

2. Criminal Appeal No.438/2004, is filed by original accused No.2 Namdeo Ganpat Solanke and original accused No.3 Sau.Vimal Namdeo Solanke. Whereas, Criminal Appeal No.474/2004, is filed by original accused No.1 Sandeep Namdeo Solanke who is son of original accused No.1 Namdeo Solanke and original accused No.2 Sau.Vimal Solanke.

3. Before adverting to discussion of these two appeals on its merits or demerits, this Court is required to observe that during hearing of these appeals learned Additional Public Prosecutor Shri M.K.Pathan for the respondent/State placed on record death certificate of original accused No.2 Namdeo Ganpat Solanke. The said is taken on record and marked as “Exhibit X” for the purposes of identification. The said “Exhibit X” shows that Namdeo, resident of Shirpur Jain, Taluka Malegaon, District Washim, expired on 24.9.2012 and after intimation of the death was given, the Block Development Officer, Grampanchayat Shirpur Jain, issued the “Exhibit X” by noting in the official record on 28.9.2012.

4. In view of death of original accused No.2 Namdeo Solanke, appellant No.1 in Criminal Appeal No.438/2004, the appeal filed by Namdeo (since deceased) is disposed of as abated insofar as Namdeo is concerned.

5. By the impugned judgment and order of conviction, learned Judge of the Court below convicted the appellants (hereinafter they will be referred to as, “the accused” as per their position as mentioned in charge) in Criminal Appeal Nos.438/2004 and 474/2004 for offences under Sections 498-A and 306 read with Section 34 of the Indian Penal Code and they are directed to suffer rigorous imprisonment for 1 year and for 71/2 years respectively.

6. Prosecution case can conveniently be stated as under:

(A) On 27.11.2003, Police Station Officer Nandkishor Madhaorao Shelke (PW7) was attached to Shirpur Police Station. On the said day, one Chandrashekhar Wankhede, Police Patil of Shirpur, gave his written intimation informing that Sau.Vanita, the wife of accused No.1 Sandip, has died in her house and when he went to house of Sandip, he noticed Vanita lying dead in supine condition. He also noticed that blackish contusion mark around her neck was visible and, therefore, to make an inquiry in the death, he lodged the written report. Obviously, in discharge of his duties as Police Patil, the said intimation was given. The intimation was registered as A.D.No.27/2003 under Section 174 of the Code of Criminal Procedure. It is available on record at Exhibit 63.

(B) In inquiry to the said death, Nandkishor Shelke visited the spot and prepared spot panchnama (Exhibit 57) in presence of panchas. Inquest was also drawn over the dead body in presence of panchas. The inquest panchnama is at Exhibit 58. Thereafter, he sent the dead body to hospital for conducting autopsy over it under requisition (Exhibit 64). While preparing the spot panchnama, he noticed a rope which he seized in presence of panchas. The said was sent to doctor along with query. Exhibit 66 is seizure panchnama showing seizure of the rope, two sealed viscera bottles, and clothes of the deceased. The seizure panchanama is dated 28.11.2003.

(C) On next day i.e. 29.11.2003, Atmaram Tukaram Pawar, father of the deceased, lodged his written report. The said written report is at Exhibit 43. On the basis of the said, Nandkishor Shelke (PW7) registered a crime against Sandip, accused No.1; Namdeo, accused No.2; Vimal, accused No.3, and Gajanan, accused No.4 vide Crime No.123/2003 for offences under Sections 304-B, 498-A, and 306 read with Section 34 of the Indian Penal Code. Printed First Information Report is at Exhibit 44. Thereafter, Investigating Officer Nandkishor Shelke recorded statements of witnesses. He arrested accused No.1 Sandip on