JUDGMENT :

Y.G. Khobragade, J.

1. The present criminal appeal has been filed by the appellant-original informant under section 372 of the Code of Criminal Procedure, challenging acquittal of the respondent present respondent/accused No.1 Rajesh Ashok Patil and respondent/accused No.6 Hemant Rajaram Jadhav by the learned Additional Sessions Judge, Shahada Dist. Nandurbar in Sessions Case No. 8 of 2015, dated 07.05.2022. They have been acquitted of the offences punishable under sections 306, 498-A, 304-B read with section 34 of the Indian Penal Code.

2. Heard Shri Dinesh Manwatkar, learned counsel for appellant and Shri R.V. Dasalkar, learned APP for the State at the stage of admission. With their able assistance, we have gone through the record which was before the learned trial court.

3. The prosecution story is that the marriage of the informant's daughter Nital was solemnized with accused no.1 Rajesh Ashok Patil, four months prior to the incident. She started cohabiting with her husband in a joint family with other accused persons at Sahada Tq. Sahada Dist. Nandurbar. The accused No.1 was doing agricultural work. Matrimonial relations between deceased Nital and accused No.1 were cordial for initial days. Nital had made a phone call to her son Dinesh about her ill-treatment at the hands of the accused persons about two months prior to the First Information Report. This fact was narrated by the son Dinesh of informant to the informant. Deceased had also disclosed about the said demand to informant when she had visited at her house for attending family programme about a month prior to FIR. She had disclosed that her husband has received a message that he should pay money to the sender or send his wife to him. The informant persuaded her daughter and sent her to matrimonial house. Thereafter mother-in-law of the deceased decided to send her to parental house for rest because deceased was pregnant. Father-in-law and mother-in-law took deceased with them from her parental house on 03.09.2014. However, the informant received phone call from the father-in-law of deceased at about 4.30 p.m. on 04.09.2014, informing that her daughter was taken to the hospital as she did not wake up. Thereafter informant /appellant went to Municipal Council Hospital Shahada, where she found dead body of Nital in the postmortem room. Informant came to know from the persons who were present there that, Nital committed suicide by hanging herself to fan. Initially Accidental Death Case No. 43 of 2014 was registered with Sahada Police station under section 174 of the Criminal Procedure Code. However later on informant lodged a FIR with the police station alleging that, her married daughter Nital committed suicide due to ill-treatment at the hands of accused persons. Hence, Crime No.157/2014 came to be registered against the accused persons for the offences punishable under section 306, 498-A, 304-B read with 34 of the Indian Penal Code. The Investigating Officer has drawn the inquest panchanama, spot panchanama and recorded statements of the witnesses under Section 161 of Cr.P.C. The viscera preserved was sent to Chemical Analysis. After completion of investigation, the investigating officer filed charge sheet before the Judicial Magistrate First Class Shahada.

4. After the committal of the case, accused No.4 Mukesh and accused No.5 Pushpa @ Priti Mukesh Patil came to be discharged. The trial court framed charge at Exh. 38 for the offences punishable under section 306, 498-A, 304-B read with 34 of the Indian Penal code against remaining accused. Accused no.2 Ashok Ramdas Patil and accused No.3 Ashabai Ashok Patil died during pendency of the trial, therefore, trial stood abated against both of them. Therefore, trial proceeded against respondent No.1 Rajesh and respondent No.6 Hemant.

5. In order to bring home the guilt of accused, the prosecution has examined PW1 Sindhubai Dilip Patel at Exh.54, PW2 Dilip Tarachand Patel at Exh. 57, PW3 Seema Sunil Patel at Exh. 5