JUDGMENT :

V.K. Jadhav, J.

1. By way of this criminal revision application, the applicants-accused challenge the judgment and order of conviction passed by the 2nd Ad-hoc Assistant Sessions Judge, Jalna dated 3.9.2001 in Sessions Case No. 84 of 1994 thereby convicting the applicants for the offences punishable under Section 306, 498-A r.w. 34 of I.P.C. For the offence punishable under Section 306 r.w. 34 of I.P.C. the applicants are sentenced to suffer R.I. for three years and to pay a fine of Rs. 500/- each i/d to suffer R.I. for two months. However, there is no separate sentence of the offence under Section 498-A r.w. 34 of I.P.C. The conviction and sentence awarded by the learned Assistant Sessions Judge, Jalna in Sessions Case No. 84 of 1994 is modified by the learned Sessions Judge, Jalna in Criminal appeal No. 16 of 2001 by judgment and order dated 3.6.2005 and instead of sentencing to suffer R.I. for three years the applicants are sentenced to suffer R.I. for two years each. The order of fine is maintained.

2. Brief facts giving rise to the present criminal revision application are as follows:-

(a) The complainant P.W. 1 Pralhad Rathod was having three daughters and one son. Deceased Yamuna was his eldest daughter given in marriage to accused No. 1 Vishnu prior to 14 to 15 years before the incident dated 13.10.1993. Accused No. 1 is resident of Raniunchegaon, Taluka Ghansawangi, District Jalna, which is about 20 to 30 kilometers away from Nirkheda i.e. place of complainant P.W. 1 Pralhad. Accused No. 2 Suratbai is mother of accused No. 1 Vishnu and cousin of P.W. 1 Pralhad Rathod. The accused No. 3 i.e. the applicant No. 2 herein is second wife of accused No. 1 Vishnu. After the marriage, deceased Yamuna started cohabiting with her husband at Raniunchegaon and she was treated well by her in laws for about two years. Thereafter her husband and mother-in-law i.e. accused Nos. 1 and 2 started ill-treating her and assaulting her. Her husband used to make taunts that deceased Yanuma was having dark complexion and used to assault her. During her visit to her maternal house, deceased Yamuna used to narrate such incidents to her father i.e. P.W. 1 Pralhad. Deceased Yamuna gave birth to two daughters by name Chandrakala and Subhadra. The accused Nos. 1 and 2 started ill-treating deceased Yamuna with more severity as she could not beget a male child. They used to make taunting about her inability to deliver a male child and used to beat her and used to ask her to go to her maternal house and not to stay with them. The accused No. 1 Vishnu performed second marriage with accused No. 3 i.e. applicant No. 2 herein and she also started cohabiting with accused No. 1 Vishnu simultaneously with Yamuna.

(b) Deceased Yamuna fed up with the ill-treatment and beatings at the hands of accused persons, she returned to her maternal house at Nirkheda. She narrated the incident of assault on her to her parents and thereafter she filed a petition for maintenance in the court of J.M.F.C. at Jalna. The Court awarded to her monthly maintenance allowance of Rs. 600/-. Thereafter, the father-in-law of deceased Yamuna had taken deceased Yamuna to her matrimonial house and also transferred his two acres lace in the name of deceased Yamuna. The dispute between accused No. 1 and deceased Yamuna came to be compromised and P.W. 1 Pralhad sent Yamuna to Raniunchegaon for cohabitation.

(c) On 12.10.1993 at 12.00 midnight P.W. 1 Pralhad had received a shocking message that his daughter Yamuna had expired. On the next day he visited Raniunchegaon and saw the dead body of Yamuna at the house of accused persons. There was blood and froth oozing from her nostrils and the mouth was smelling of poison. On the same day at about 9.15 p.m. P.W. 1 Pralhad lodged F.I.R. at Ambad police station specifically disclosing the names of all the three accused persons alleging that his daughter Yamuna committed suicide due to the ill-treatment caused by all the accused persons.

(d) On th