JUDGMENT :

Sandipkumar C. More, J.

1. The appellants, who are the original accused Nos.1 and 3, have preferred this appeal for assailing the judgment and order dated 31.12.2014, passed by the learned Sessions Judge, Beed ((hereinafter referred to as the “trial Court”) in Sessions Case No. 12/2014, whereby they are convicted for the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and sentenced them to suffer life imprisonment and also to pay fine of Rs. 5,000/- in default, to suffer rigorous imprisonment of one year. Initially, the crime involved in the aforesaid sessions case, was registered against three persons namely appellant No. 1 Ashok Tukaram Kale (husband of the deceased), co-accused Tukaram Kale (father-in-law of the deceased) and appellant No. 2 Hirabai Tukarma Kale (mother-in-law of the deceased). However, the learned trial Court has convicted only the present appellants by acquitting the co-accused-Tukaram Kale (father-in-law of deceased).

However, at the time of pronouncement of this judgment, learned Counsel for the appellants brought it to our notice that present appellant no.2 – Hirabai Tukaram Kale died during pendency of this appeal on 11.05.2021. The learned Counsel for the appellants, till this appeal is finally heard on 01.03.2022, did not disclose the said fact and today, at the time of pronouncement, he brought the said fact to our notice for the first time, so belatedly. Mr. Tambade, learned Counsel holding for Mr. S. S. Jadhavar, advocate for the appellants, also produced on record copy of the death certificate of appellant no.2 – Hirabai Tukaram Kale. On going through the same, it appears that Hirabai Tukaram Kale i.e. appellant no.2 died on 11.05.2021 and her death is recorded in the Register of Births and deaths of the concerned department on 30.06.2021. We, therefore, found it proper to pass an order of abatement of the present appeal against appellant no.2 – Hirabai Tukaram Kale, separately on today itself.

2. Background facts of the prosecution case are as under:

Appellant No.1 got married with one Rajashree on 3rd June 2013 and it was an arranged marriage. After the marriage, Rajashree started residing with the appellants and father-in-law at village Chandegaon. During the cohabitation, deceased appellant No. 2 had telephonically made complaint against Rajashree about her misbehaviour to her father i.e. PW-1 Chhagan. She had also talked arrogantly with Chhagan, but he remained quite and also gave understanding to his daughter Rajashree.

3. On 02.10.2013, Rajashree had asked her husband i.e. appellant No. 1 to bring her a pair of chappals. However, at that time, deceased appellant No. 2 i.e. the mother-in-law of Rajashree made sarcastic remark that her father will provide her chappals as he was so rich. On the said remark, there was quarrel between Rajashree and deceased appellant No. 2. Since deceased appellant No.2 had driven out Rajashree from the house in the said quarrel, she in fit of anger had gone to her aunt Parigabai at Chausala village. On 03.12.02013, when her cousin maternal uncle was taking her to paternal house at Yewatwadi village at about 8.00 a.m., the appellants along with some villagers and also father-in-law of Rajashree came there and on request took her against her will to matrimonial house. Thereafter on the said day and also on the subsequent day i.e. on 04.10.2013 appellant No.1 beat her heavily in the night by saying that where she had gone. On 04.10.2013 itself at about 9.30 p.m., when Rajashree slept after having beaten by appellant No.1, at about 12.00 in the midnight, appellant No.1 woke her up and again started quarreling with her as to with whom she had gone. On hearing the said quarrel father-in-law Tukaram and deceased appellant No.2 also came there and all three of them started quarreling with her. When out of rage, she expressed desire to commit suicide, the appellants told her that there was no need to die, but they would set her