The prosecution must establish fundamental facts to raise presumption under Section 113-A of the Evidence Act, and evidence of cruelty and harassment must be satisfactory to prove guilt beyond reasonable doubt.

JUDGMENT

Kishore C. Sant, J. - This appeal is against judgment and order dated 08.08.2002 passed by the learned Sessions Judge, Ambajogai in Sessions Case No. 37/2000, whereby the present appellant- accused is held guilty of the ofences punishable under Sections 306 and 498-A of the Indian Penal Code. He is sentenced to undergo Rigorous Imprisonment for three years and to pay fne of Rs.5000/- in default to sufer Simple Imprisonment for six months for the ofence of 498-A of IPC. He is further directed to sufer Rigorous Imprisonment for fve years and to pay a fne of Rs.5000/-, in default to sufer Simple Imprisonment for six months for the ofence of 306 of IPC. The remaining accused nos. 2 to 5 are acquitted of the same ofences.

2. The informant lodged FIR on 04.12.1999 in the Kaij Police Station. It is the allegation that his sister namely Jayashri @ Aruna was married to accused no.1 namely Barikrao Deshmukh. After two to three months of the marriage, the accused started suspecting character of Jayashri. There was a demand of Rs.50,000/- from the informant. Since the condition of informant in condition happens to be poor, they could not fulfll the demand. On that count also, the accused started ill-treatment to his wife/Jayashri. The in-laws did not even use to give food to Jayashri and they used to harass her. On the date of incident, informant received information from that deceased Jayashree committed suicide by consuming poison. He thus lodged the FIR against the husband and in-laws saying that they are responsible for her death. On the basis of this information, the police carried out an investigation and fled a charge-sheet. The case was tried by learned Sessions Court bearing Sessions Case No. 37/2000. After the trial, the learned Additional Sessions Judge, Ambajogai, held the appellant/ accused no.1 guilty of the said ofences punishable under Sections of IPC by the judgment and order dated 08.08.2002. The learned Judge acquitted accused nos. 2 to 5. Therefore, the appellant is thus before this Court.

3. The defence of the accused is only that there was no such harassment at the hands of the husband and the in-laws.

4. There are nine witnesses examined by the prosecution. The frst witness is the Medical Oficer namely Shivaji Sawalkar, who conducted postmortem on the dead body. He deposed that on internal examination, he found that both the lungs of deceased were edematous on cut section, fne froath, smell like poison. He opined that the cause of death was pulmonary edema secondary and insecticide poisoning subject to confrmation by the report of viscera. In the cross, he deposed that he did not observe any symptoms of cyanosis. In P. M. notes, it is taken that he has not mentioned that in the stomach, there was a kerosene with greenish in colour. He could not state of which kind of poison was found in the body of deceased.

5. The next witness is a maternal aunt of the deceased, who examined as PW-2 namely Gangubai Pingle. She deposed that the marriage of deceased/Jayashri had taken place, seven months before her death. She further stated that all the accused were demanding Rs.50,000/- for purchasing a jeep, on that count, deceased was subjected to ill-treatment. She stated that all the accused were used to beat her and used to pinch her, pull her cheek. In the next visit in Dashra Festival, the accused had also come with her and that time there was demand by the accused of Rs.50,000/- for purchasing a jeep on that day the accused left the house of informant without food.

. In the cross-examination, she stated that the brothers of the deceased namely Rambhau and Laxman and their wives were present, when the deceased told about the ill-treatment. She did not state before the police that accused were pinching and pulling cheeks of deceased. She accepted that there was no direct demand of the amount. It is further taken on record that she had not stated before the police all the fve accused had come at the time of Dashra.

6. The nex