The main legal point established in the judgment is the careful application of legal principles, including the definition of cruelty under Section 498-A of the Indian Penal Code and the principles of circumstantial evidence under Section 106 of the Evidence Act, to reach a decision based on the interpretation of evidence and testimonies.

DEPAK MISRA, J. :- The accused/appellants (hereinafter referred to as 'the accused persons') have preferred the present appeal under Section 374(2) of the Code of Criminal Procedure (for short 'the Code') being dissatisfied with and aggrieved by the judgment of conviction and order of sentence passed by the learned First Additional Sessions Judge, Shahdol in Sessions Trial No. 47/1985 whereby he has found them guilty under Sections 302/34, 201 and 498-A of the Indian Penal Code (for brevity 'the IPC') and sentenced each of them to undergo rigorous imprisonment for life and to pay a fine of Rs. 200/- each, in default, to suffer simple imprisonment for two months on the first score, rigorous imprisonment for five years each on the second count and rigorous imprisonment for three years and to pay a fine of Rs. 300/- each, in default, to suffer further simple imprisonment of two months on the third count with the stipulation that all the sentences shall be concurrent.

2. Briefly stated, the prosecution case is that the deceased, Kanchi Pathak, was married to the accused Vidya Varidh Pathak on 25-5-1982. At the time of the marriage, Rs. 60,000/- was given in cash as per the agreed terms. In March, 1983 Atul Pandey, P.W. 5, the brother of the deceased, had gone to bring his sister but her in-laws though assured to send her did not send her to her parental home. During Holi Festival, i.e., in March, 1983, Atul Pandey brought Kanchi Pathak to her parental home. When she went back to her matrimonial home the accused persons asked her to bring gas stove, almirah, motorcycle and jewellery failing which she would be thrown out of the house and her husband would enter into second marriage. They used to threaten her quite frequently and also physically assault her. The deceased informed her father about the same. In June, 1983, while Kanchi was in her parental home the accused-husband wanted to bring her back to his house. At that juncture, the parents of the deceased gave jewellery as agreed. In June, 1984, Atul Pandey had gone to the house of the accused persons to fetch his sister but they did not send her and assaulted him and told him to bring fridge, cooler, godrej almirah, gas stove and jewellery failing which his sister would be kept as a maid servant and eventually she would be killed. The brother of the deceased returned home and informed his parents. As further alleged, Kanchi was abused time and again. She used to intimate her parents through her friends. In March, 1984 Shrikant Pandey, P.W. 6, another brother of the deceased, had gone to her sister's house to bring her along with Harshnaraya, Natthulal Saraf and Kedarnath Tiwari. He was abused by Gopal Pathak, the father-in-law of the deceased. He met his sister who burst out with tears and stated that the accused persons and her sister-in-law were abusing and assaulting her and not giving her food. She had also informed her brother that the accused persons were also giving her some white powder which she was compelled to consume. Thereafter, the accused-husband assaulted Shrikant Pandey and told him that he would not allow Kanchi to remain alive. Shrikant Pandey without getting her sister returned home and narrated the whole episode to his parents. As the prosecution story unfolds, on 19-4-1984, he lodged an F.I.R. at Kolgawan Police Station which was Rojnamcha Sanha No. 997. In the night of 12-1-1985, the deceased breathed her last in the house of the accused persons. As alleged the accused persons were in the house. About 11 p.m., the husband went to Dr. Garg, P.W. 2, and informed him that Kanchi had been taken ill badly and had fallen from the bed. P.W. 2, Dr. Garg, reached the home of Gopal Pathak and found that Kanchi had stopped breathing. The accused requested the doctor to give Choramin injection but he refused to do so. Dr . Garg advised them to show her to an experienced doctor and on the said advice Dr. Ashok Jain, P.W. 9. was called. But, by that time Kanch