JUDGMENT :

B.U. Debadwar, J.

1. This appeal has been directed under Section 378 (1)(b) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Cr.P.C.’) against the judgment and order dated 13-12-2002 passed by the learned II Additional Sessions Judge, Beed in Sessions Case No.125 of 1997 whereby it has acquitted the respondents/original accused for the offences punishable under Sections 498-A, 302, 201, 203, 177 r.w. 34 of the Indian Penal Code, 1860 (hereinafter in short ‘IPC’) .

2. Facts giving rise to the appeal, in nutshell, are as under:-

a) Unfortunate young lady by name Shabana was the daughter of Syed Ismile Syed Mehboob, resident of village Talwada, Tal. Georai, Dist. Beed. She was given in marriage to respondent no.1 Majid Pathan. Their marriage was performed in or about February – 1996. Respondent no.2 - Halimabee Pathan is the mother of respondent no.1 - Majid Pathan and mother-in-law of Shabana. After marriage, Shabana started residing and cohabiting with husband and in-laws at their house situated at Islampura locality of Beed. Matrimonial life of Shabana was normal for few months after the marriage, however, thereafter the respondents started demanding Rs.10,000/- for commencing business and subjected her to cruelty on account of non-fulfillment of the said demand. Meanwhile, Shabana became pregnant.

b) When she was in the 5th month of pregnancy, on 28-10-1996 Syed Ismile Syed Mehboob (father of Shabana) had been to her matrimonial house at Islampur, Dist. Beed to see her. On his visiting the house, Shabana disclosed to him (her father) not only about the demand of Rs.10,000/- being made by the respondents, but also about picking up quarrel by respondent no.2 for the reason of respondent no.1’s buying footwear for Shabana alone and not for her daughter and taunting and insulting her (Shabana) on that count continuously. Syed Ismile Syed Mehboob, after hearing about aforesaid conduct of the respondents towards his daughter – Shabana, told Shabana that at present the construction of the house is going on, therefore, he cannot fulfill the demand of Rs.10,000/-, however he will think about the fulfillment of demand of money made by the respondents, when he would take her to his house at Wadala for Diwali festival and left the house of respondents at about 03:00 p.m.

c) Three days thereafter i.e. on 31-10-1996 at about 03:00 a.m. Shabana was burnt extensively and died. Husband Majid Pathan - respondent no.1, at about 04:35 a.m. on 31-10-1996, rushed to the Police Station Peth, Dist. Beed and informed the Station House Officer on duty about suicide committed by Shabana by burning herself, in a room adjacent to their bed room by closing and bolting the same from inside.

d) Station House Officer on duty recorded aforesaid statement of respondent no.1 in writing, registered A.D. No.16 of 1996 under Section 174 of the CrPC on the basis of said statement and handed over the enquiry of the said A.D. to Mr Kundlik Tathe, Police Inspector attached to said police station. Upon getting the A.D. report, Mr Kundlik Tathe rushed to the house of the respondents, verified the situation at spot, then prepared inquest panchanama of the dead body of Shabana lying in the east-south corner of the house in presence of the panchas, forwarded the dead body of Shabana to the Civil Hospital, Beed for conducting post-mortem along with the report and copy of inquest and thereafter drew the spot panchanama of the spot where Shabana died due to the extensive burns in presence of another two panch witnesses.

e) Meanwhile at about 04:00 p.m. on 31-10-1996, Syed Ismile Syed Mehboob (father of Shabana) rushed to the police station Peth, Dist.Beed and lodged the report against the respondents inter alia contending that both the respondents being husband and mother-in-law of Shabana made demand of Rs.10,000/- for commencing business and