Conviction requires reliable, corroborative evidence beyond hearsay to prove charges under Sections 498A and 306 IPC.

1. This appeal is directed against the Judgment and Order dated 11.6.2008 passed by the Ad hoc Additional Sessions Judge, Wardha in Sessions Trial No.125 of 2007, whereby the appellants / accused were convicted of the offences punishable under S.498A and S.306 r/w S.34 of the Indian Penal Code and were sentenced accordingly.

2. Heard submissions of the learned counsel for the parties.

3. The facts in brief are as under :
On the basis of report by Babarao Parche (accused No.2) accidental death was noted as A.D. No.65 of 2006 under S.174 of the Criminal Procedure Code . When the dead body of deceased Rekha (informer's daughter - inlaw) and thereafter her child aged about six months old was also found in the same well on 8.9.2006. Thus, inquiry followed and spot panchanama was drawn (Exh.40), as also inquest held over the dead body and the body was referred for post mortem examination. The cause of death was mentioned as due to drowning in the postmortem report (Exh.20 and 31).

4. On 9.9.2006, Shri Nagorao (PW1) lodged a complaint alleging that Rekha was treated with cruelty by accused and that accused were suspecting chastity of Rekha. According to Rekha, he had received the message that Rekha and her son were missing from the house. It is alleged that since 8 to 10 days prior to the incident Laxmi (PW2) had informed her father Nagorao and Nagorao suspected harassment and illtreatment of Rekha at the hands of the accused. It is the case of the prosecution that Rekha alongwith her child, aged about six months, committed suicide in a well. Thus, the complaint was lodged as F.I.R. No.164 of 2006 under S.498A and S.306 r/w S.34 of the Indian Penal Code and investigation followed. The Investigating Officer had recorded the statements of the witnesses and thereafter upon completion of the investigation charge - sheeted the accused in the Court of the learned Judicial Magistrate, First Class, Wardha, who committed the case to the Court of Sessions at Wardha. The charge was framed against the accused under S.498A, S.306, r/w S.34 of the Indian Penal Code . The accused had pleaded not guilty and claimed to be tried.

5. The prosecution had examined only three witnesses in support of its case, namely father of deceased Rekha examined as PW1 / Nagorao, who is also incidentaly first informant in the case. The elder sister of deceased Rekha namely Laxmi was examined as second prosecution witness who alleged that when Rekha had came to her parental house in the year 2006 for Rakhi festival, she informed to Laxmi that accused No.2 made a demand of money for consuming liquor, and when she did not give money, he beat her and ousted her. According to Laxmi, Rekha had also alleged that the accused used to suspect her chastity. According to Laxmi, Rekha did not want to stay with her parents' house on the ground that Laxmi was already staying with them. Despite her marriage, she did not want to add burden to her parents while staying in their house. The prosecution has also relied upon the evidence of Investigating Officer who had carried out investigation including spot panchanama (Exh.40), inquest panchanama (Exh.26), report from Nagorao (father of the deceased) (Exh.28) and arrest panchanama respectively Exh.23, 24 and 25.

6. The learned Advocate for the appellants criticized the impugned Judgment and Order on the ground that there was no sufficient evidence beyond reasonable doubt so as to convict the appellants for serious offences punishable under S.498A as well as 306 r/w S.34 of the Indian Penal Code . The learned Advocate for the appellants submitted that exc