(1.) THIS appeal is against the judgment and order dtd. 25-10-1990, whereunder respondents were acquitted of offences punishable u/ss. 306,498-A and 304-B r/w 34 of the Indian Penal Code, in Sessions case No. 91/89, by Additional Sessions Judge, buldhana.
(2.) THE prosecution against the respondents arises out of suicidal death of victim Sandhya in the morning of 05-06-1989. The victim Sandhya was daughter of witness kisanrao Deshmukh (P. W. 7) and Shashikala (P. W. 3 ). She was married to respondent Vilas on 10th March, 1988. The respondent sahebrao Deshmukh and his wife Leelabai deshmukh are parents of respondent Vilas. The witness Vijay (P. W. 5) and Sanjay (P. W. 6)are sons of Kisanrao Deshmukh. The victim's elder sister Sheela was given in marriage to elder brother of Vilas. Their marriage took place some 8 to 10 years back. After marriage sandhya came to reside in matrimonial home with her husband Vilas. Respondent Vilas has a small stationery shop at Buldhana near S. T. Bus stand. Sandhya lived in matrimonial home for 13 months. Her sister Sheela was also residing in the same house with their parents in-laws. During the span of 13 months sandhya had visited her parental house on two occasions only. Firstly, she had come in intercollery month and lastly in Diwali Festival of 1988 i. e. in or about October, 1988. In her last visit she complained about ill-treatment to her at the hands of respondents and also conveyed message to her parents of demand of amount in the form of dowry.
(3.) THE witness Vijay, Sandhya's brother, visited Sandhya's house on 03-06-1989. He halted there on 3rd and also on the night of 04th June, 1989. He claimed that during his stay, his sister Sandhya expressed him that she wanted to come with him to their parental house at Deulgaon Raja. In the morning at about 5. 30 a. m. on 05-06-1989 subhash went to the terrace of the house where vijay was sleeping and after awaking him, told that one young Baby was lying in the field. Immediately Subhash and Vijay ran towards the field and on reaching there Vijay found that the girl lying was his sister deceased sandhya. In the mean time police arrived there at about 8. 00 a. m. and statement of Vijay was recorded. It is pertinent to note that Vijay did not complain anything against respondents when his statement was recorded. On the contrary, for Sandhya's suicidal death he put blame on her because of her eccentric nature. Then by that time, parents of Sandhya were informed about the death of Sandhya, and therefore Kisanrao and some members of his family including his wife immediately rushed to village Yegaon where Sandhya was residing and there they came to know that their daughter sandhya had expired and her dead body was removed to Civil Hospital, Buldhana for post-mortem. Thereafter, they all came to Buldhana civil Hospital and saw the dead body of sandhya. They noticed some injuries on her body. The Medical Officer carried out autopsy on the dead body of Sandhya and prepared post-mortem Note (Exh. 49 ). Exact cause of death could not be opined. However, probable cause was pulmonary oedena due to insecticide poisoning. That came to be confirmed after having received the report of C. A. in respect of viscera vide Exh. 36 in which the result of detection of organo phosperous insecticide. Phospamine are positive that is why doctor dilip Kulkarni (P. W. 4) who conducted autopsy stated in his evidence that the cause of death must have been due to organo prosperous insecticide poison. The Medical officer, when conducted autopsy on the dead body of Sandhya, noticed external injuries on her body which he noted in the post-mortem note (Exh. 39 ). In his evidence he has stated that injuries nos. 2, 3 and 4 were post-mortem in nature while injuries nos. 1, 5 and 6 were ante-mortem and these injuries might have been caused within 24 hours.