JUDGMENT - N.J. PANDYA, J.:---Appeal No. 575 of 1995 and Appeal No. 576 of 1995 have been filed by the State. Appeal No. 434 of 1995 has been filed by the convicted accused. 2.The State has chosen to file the aforesaid two Appeals respectively for challenging the order of acquittal and the order of sentence. 3.The facts leading to the lodging of the Sessions Case No. 62 of 1995 in the Court of Sessions Judge at Dhule, were relating to the incident that had occurred on 15th September, 1994 at about 10.00 a.m. The wife of accused No. 1 Vidya received burn injuries and at that time she was tried to be rescued by accused/respondent No. 1 along with his mother accused No. 3. After dousing fire, accused No. 1 took her to a hospital known as "Bohra's Hospital". 4.In the course of treatment, the statements were recorded on 15th September, 1994 itself where the said wife Vidya had come out with a story of having accidental burn. The story for receiving accidental burn was to the effect that she was cooking in the kitchen. Her younger daughter Radha, aged 2 and 1/2 years, was playing with a match box around her. While she was so playing with match stick, it got struck and the lighted match stick was thrown by the child which fell on the sari of the deceased and that is how she got burnt. 5.By night of 15th and 16th September, 1994 or at least by early morning of 16th, the parents of the deceased had come to Dhule from Pune. They had talked with the deceased about the incident. Later on, the father of the deceased by name Santosh Damodar Patil lodged the complaint with Azad Nagar Police Station, Dhule, on 17th September, 1994, where he disclosed that his daughter Vidya was constantly being harassed, ill-treated and humiliated. There were demands of money made by the accused and on not having fulfilled the same, she was being ill-treated. There was physical torture also. As a result of these constant harassments and demand of money, according to the complainant, it was the deceased who had poured kerosene on herself and lighted match stick and got burn injuries. 6.The second statement of Vidya was recorded on 19th September, 1994 where she came out with a story on the line as was given by the complainant. As a result of these constant harassments and demand of money, according to the complainant, it was the deceased who had poured kerosene on herself and lighted match stick and got burn injuries. 6.The second statement of Vidya was recorded on 19th September, 1994 where she came out with a story on the line as was given by the complainant. So far as the main incident is concerned, she had categorically stated that she had burnt by pouring kerosene on herself and not by a lighted match stick, accidentally thrown. Obviously, this change in the version resulted into the registration of an offence which has eventually ended up as a charge-sheet of Sessions Case No. 62 of 1995. On account of burn injuries, Vidya died on 20th September, 1995. By that date, she was brought to Bombay at Masina Hospital. 7.Vidya was not exactly from the area of Dhule. She had a part of her education in Dhule. While she was in Dhule, at that time, she was staying with her maternal aunt, which was a family of quite prominence in the area. The husband of the deceased called Dr. Borase, who was residing in that area only. It has come on record that on happening of this incident, as per the advice of the said Dr. Borase, Vidya was removed to Bohra's Hospital as it was especially meant for burn injuries. 8.The information about the incident was received by the parents of the deceased through one Mr. Fakira Motiram Patil. The complainant, the father of the deceased, came on the scene along with the other family members and lodged the complaint on 17th September, 1994 and, therefore, there is no doubt a question as to why the father of the deceased on getting the information about the burn injuries immediately on his arrival, did not lodge the complaint on the same day. The police swung into action drew a panchnama of the scene of the incident which was in the house of the accused at Dhule. The articles were seized and kept in one bundle by the Investigating Officer. The investigation from this officer was taken over by one Mr. Nikam, a PI, who in turn made it over to P.S.I. Mr. Suryawanshi. The articles were seized and kept in one bundle by the Investigating Officer. The investigation from this officer was taken over by one Mr. Nikam, a PI, who in turn made it over to P.S.I. Mr. Suryawanshi. That is how there are various statements of the witnesses recorded by these Investigation Officers from time to time and, therefore, there may be more than one statements of the different witnesses. However, so far as the version of the incident is concerned, on and after 17th September, 1994, it has remained on the same line as it has been set out in the complaint. 9.At the end of the investigation, the case was brought before the trial Court. The learned Sessions Judge, Dhule, framed charges, as per Exhibit 3, page 27, in respect of allegation of harassment and demand and, therefore, the charge of cruelty under section 498-A read with section 34 of the Indian Penal Code was framed. The incident having taken place within seven years of the marriage, referring to that aspect, the charge under section 304-B read with section 34 of the Indian Penal Code was also framed. In the alternative, a charge under section 306 read with section 34 of the Indian Penal Code was also framed. 10.As there was reference to demand by way of dowry, section 4 of the Dowry Prohibition Act was pressed into service and the charge with regard to the same was also framed. 11.At the end of the trial (Exhibit 203, page 388), the learned Sessions Judge has chosen to acquit respondent No. 2, the father-in-law of the deceased of all charges. He has chosen to acquit remaining accused for the offences punishable under sections 304-B and 306 of the Indian Penal Code. However, he held that both of them have been found guilty for the offence punishable under section 498-A read with section 34 of the Indian Penal Code. Accused No. 1, the husband, was awarded R.I. for two years and was directed to pay fine of Rs. 5,000/- and, in default, to undergo R.I. for six months. Accused No. 3 was given six months R.I. and fine of Rs. 10,000/- and, in default, to undergo further S.I. for six months. 12.In the aforesaid background, the State has come with the aforesaid two Appeals. 5,000/- and, in default, to undergo R.I. for six months. Accused No. 3 was given six months R.I. and fine of Rs. 10,000/- and, in default, to undergo further S.I. for six months. 12.In the aforesaid background, the State has come with the aforesaid two Appeals. In one appeal, i.e. Appeal No. 575 of 1995, they are challenging the order of acquittal and in the other i.e. Appeal No. 576 of 1995, they are seeking enhancement of the sentence. 13.So far as section 498-A is concerned, maximum sentence that could be awarded is three years. Under these circumstances, the Appeal for enhancement of the sentence will be confined to this aspect only. No doubt, there being an appeal against the acquittal, if there be a question of adequate sentence either in respect of section 306 or 304-B, as the case may be, the same has to be considered. 14.So far as the offence punishable under section 498-A is concerned, the learned Sessions Judge in his elaborate judgment, after referring to oral evidence, the dying declarations, which are again oral and documentary, as also letters exchanged between Accused No. 1, the deceased, and some of the members of the family as also with the help of diary said to have been maintained by the deceased has clearly held that the offence under section 498-A of the Indian Penal Code is made out. 15.Section 498-A of the Indian Penal Code may now be quoted to appreciate the said aspect of the conviction as also to appreciate the arguments advanced on behalf of the convicted accused seeking acquittal. Section 498-A reads as under: "498-A. Husband or relative of husband of a woman subjecting her to cruelty.---Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation- For the purposes of this section, "cruelty" means. Explanation- For the purposes of this section, "cruelty" means. (a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman: or (b) harassment of the woman where such harassment is with a view to coercing here or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand." 16.Looking to the charge, it is quite obvious that the Explanation- (b) of section 498-A is relied on by the prosecution. In any case, this will be the position because, as per the prosecution case, their witnesses starting with the complainant, the father of the deceased, have stated that the accused were putting unreasonable demand of property etc. upon the deceased and through her upon the parents of the deceased and as such the case against the accused has to be considered in that light also. 17.This had prompted Mrs. Mohite-Dere, the learned Advocate for the accused, who had taken us through the evidence and the judgment and, in our opinion, has correctly pointed out that in respect of cruelty, the learned Sessions Judge has not taken into consideration the bulk of correspondence and has relied only on one letter Exhibit 62, a portion or extract of Diary from various pages given collectively Exhibit 61 and the oral evidence coupled with dying declarations. 18.So far as the acquittal for the offence punishable under sections 306 and 304-B of the Indian Penal Code is concerned, the learned Judge being faced with two conflicting versions in respect of dying declarations has, in clear terms, recorded his inability to accept either of them under the circumstances and, therefore, has chosen to give benefit to the accused. He has also recorded the finding to the effect that if he has to decide whether the final step that the deceased took was actuated by the demand as stated above, his finding will be in the negative. He has also recorded the finding to the effect that if he has to decide whether the final step that the deceased took was actuated by the demand as stated above, his finding will be in the negative. 19.It could well be understood that in the aforesaid background, the learned Sessions Judge has chosen to divide the case in two parts; one is in respect of the cruelty as understood under section 498-A of the Indian Penal Code, and the other part of the judgment relates to the death which is covered by section 306 or 304-B of the Indian Penal Code. As the Appeals have been filed in respect of both challenging the conviction and acquittal, respectively, we will also deal with the matter in the aforesaid manner in two parts. 20.Coming to the part of section 498-A, we have to look to the evidence and find out whether there is material to make out a case of prosecution that there were demands as indicated in Clause (b) of explanation to section 498-A, as quoted above. 21.The first version given by the deceased was before P.S.I. Mr. Tukaram Sadashiv Badgujar, P.W. 9 Exhibit 147, page 325. On receiving information from Bohara's Hospital, after making station diary entry at Sr. No. 23 (Exhibit 148), he came to the hospital. The said Exhibit 148 records the information received to the effect, that at 10.30 a.m. Vidya had received burn injuries from stove flame and was admitted in the hospital for treatment and therefore it is necessary to record her dying declaration. The oral version before P.W. 9 Mr. Badgujar is to the effect that her young daughter Radha was playing with match stick and the incident happened. In the examination-in-chief of this witness, there are hardly any details to be found with regard to the said first version. It is in the cross-examination that it has been brought up. At that time, the deceased had also disclosed before the Police Officer that she had no complaint against any one and when specifically asked whether she had committed suicide, her answer was in the negative. This is to be found at page 332 of the paper book. 22.As is the practice for recording dying declaration of the victim of the burn case, Executive Magistrate was called on the scene on 15th September, 1994 at about 12.15 in the afternoon. This is to be found at page 332 of the paper book. 22.As is the practice for recording dying declaration of the victim of the burn case, Executive Magistrate was called on the scene on 15th September, 1994 at about 12.15 in the afternoon. He recorded the statement which is produced at Exhibit- 120 page 288 of the paper book. She categorically stated that at about 10.15 a.m. while she was in the kitchen and was cooking, her daughter Radha, aged about 2 and 1/2 years, was playing on the floor where she had caught hold of the match box. While playing, she took out the match stick and lighted the same and threw it. 23.Before either P.S.I. had come on the scene or Executive Magistrate, when the deceased was taken to Bohra's Hospital, in the case paper, it was recorded that she was brought by the husband Narendra Borase, who is accused No. 1 and, so far as the history of the incident is concerned, it is recorded at page 309, Exhibit 132, that it is accidental burn. The exact wordings are like this "H/O accidental burn due to sari getting catched by match stick while the child was playing with match box at about 9.10 a.m.". In the aforesaid writing, the word "accidental" seems to have been added in between the words "H/O and burn." 24.After the complaint was filed on 17th September, 1994, which is Exhibit 57, another dying declaration of Vidya, the deceased, was recorded by the said Executive Magistrate. It is Exhibit 119 at page 280. The complaint is Exhibit 57 and it is at page 177. 25.Chronologically complaint being the first, we will refer to it now. The beginning of the complaint is with regard to the family history, the personal history of the deceased and then the second page refers to marriage of Vidya with accused No. 1 having taken place on 10th December, 1990 at Dhule. The complainant and his family are from Pune. In last but one paragraph at page 178, he refers to the fact that whenever the deceased used to come to Pune from her marital home, she used to inform the parents about the harassment on account of money. Mostly it was mental harassment in the form of abuse and humiliation. In the said complaint, a specific reference of demand of Rs. Mostly it was mental harassment in the form of abuse and humiliation. In the said complaint, a specific reference of demand of Rs. 25,000/- from the parents of the deceased was made. This demand was not met with. 26.In the last paragraph on page 178, the complainant states that he had discussed about this matter with the in-laws of the deceased, i.e. accused, and then he refers to the incident itself on running page 179. So far as the circumstances leading to the pouring of kerosene by the deceased etc. is concerned, we may refer to the complaint as well as subsequent dying declaration Exhibit 119 together. On that day, the deceased was getting ready for going to her service. She was serving in local college known as 'Jaihind'. At that time, she was told to go to Bazar and bring certain articles. According to the complainant, she was specifically asked to bring some articles groundnut from bazar. When she stated that she is getting late and refused to bring the articles from bazar, and told them to bring the articles from bazar, accused No. 1 quarrelled, with her and there were heated exchange between the two. In the process, accused No. 1 told her to leave the house. She promptly proceeded to do so by taking out a bag and also taking her minor daughter with her. According to the complainant, the deceased was asked by Accused No. 1 to leave without baggage. When she tried to leave the house with the daughter, he snatched her away from her. 27.According to the dying declaration, Accused No. 1 had snatched away the daughter from her and was sitting by the side with the daughter which made the deceased to realise that she was asked to leave the house without the daughter. 28.Thereafter, on seeing the lantern lying nearby, the deceased poured kerosene on herself on all parts of the body and lighted herself with the match stick. 29.Per se, this action of the deceased can be said to be impulsive which is described as such in her dying declaration on page 288. Exhibit 119. She clearly says in Marathi versions "He Kritya Kevel Santap Va Avicharane Majhekadun Ghadale". If loosely translated, it would mean that she did this act without thinking and out of being fed-up with harassment that she was suffering. Exhibit 119. She clearly says in Marathi versions "He Kritya Kevel Santap Va Avicharane Majhekadun Ghadale". If loosely translated, it would mean that she did this act without thinking and out of being fed-up with harassment that she was suffering. 30.As it happens in marital life, there is a history and more so when it relates to husband and wife and therefore certain information as regards their differences is detailed in their interaction with each other. This is borne out from the record in form of the said Diary-Exhibit 67, correspondence between the two-Exhibit 62 and the other exhibits which will be referred to at an appropriate place. 31.However, one thing that strikes on going through the correspondent is that they were falling short of that warmth which is expected between the newly married couple especially when the letters written by accused No. 1 are read, they are more or less a litany of instructions and guidance either with regard to day to day life or with regard to the money matters. 32.No doubt, the first impression on reading these letters is likely to be that he is very much mindful of the concern about his wife, the deceased. However, when all that is to be found in the letter is about looking after the health, not to economize on food and particularly looking after young daughter and her health etc., one starts feeling that there is no warmth or affection at least in the letters. 33.Vidya in fact in one of the letters has complained as much and she says that if you write something else, also along with details, it will be better. This she has said in Exhibit 81, page 214. Addressing accused No. 1 by name she says "in your letter again there is a list of different instructions and reminders, I expected something more than that". 34.That apart, so far as the money aspect is concerned, it will be crucial for the prosecution case. We may now see details as to what was the activities of the deceased after her marriage upto the incident. She was reading for M.Sc. Part II at the time of marriage. After staying for some time at Dhule, she came back to Pune by January 1992 to complete her M.Sc. Part II studies. On it being completed when she went to Dhule even she got admitted to B.Ed. She was reading for M.Sc. Part II at the time of marriage. After staying for some time at Dhule, she came back to Pune by January 1992 to complete her M.Sc. Part II studies. On it being completed when she went to Dhule even she got admitted to B.Ed. course at Dhule. B.Ed. course was not her idea. She was very keen of pursuing higher studies including that of doctorate in her chosen field. She was a Micro-biology student. 35.At the instance of accused No. 1, it is quite clear from record, she was made to join B.Ed, course at Dhule. She naturally had not relished this as she had hardly stayed with her husband after the marriage being away for her studies and otherwise also she would have been expecting a less demanding life style as a newly wedded wife. 36.She had appeared in a test, which having been cleared, she decided to purse M.Phil course at Pune. There was an understanding between the husband and wife that if she clears the examination and gets admission in M.Phil course, he will permit her to pursue the course. He did so. 37.Because of her better performance, she was entitled to fellowship for the amount of Rs. 2,250/- per month while pursuing the said course at Pune. By that time, the child Radha was born. She was born in the month of December, 1991. 38.Thus, soon after the marriage and on completion of M.Sc Part-II course, she pursued B.Ed. course and she was also carrying a child by that time which she had delivered in the month of December, 1991. In the year 1992, when she started M.Phil course, she had to take her child with her. There was a problem of keeping her child while pursuing the studies. She fell back upon her parents who were in Pune at Chinchwad. 39.She was mindful of the fact that there was expenditure and, therefore, every month, she was giving Rs. 500/- to the parents for the care of the child. Initially before she started getting the fellowship, the amount of Rs. 500/- was sent by accused No. 2 at least for three months. Obviously, once she started getting the amount of fellowship, this remittance was stopped. The said amount of fellowship, per se, would appear to be quite substantial as it was to be spent by the deceased alone. Initially before she started getting the fellowship, the amount of Rs. 500/- was sent by accused No. 2 at least for three months. Obviously, once she started getting the amount of fellowship, this remittance was stopped. The said amount of fellowship, per se, would appear to be quite substantial as it was to be spent by the deceased alone. However, monthly sum of Rs. 500/- were taken out for Radha from the only amount of Rs. 2,250/- left with the deceased. 40.Constant receiving of instructions relating to the maintenance of accounts, transfer of amount to Dhule Account and, in the process, even before the completion of M.Phil, deceased was made to remit a sum of Rs. 10,000/- for purchase of plot at Dhule. There is nothing wrong if a newly wedded couple was planning to have their own house, however, to make the wife to part with the sum in the aforesaid manner, under the circumstances, would appear to be an act actuated by pressure exerted on her by accused No. 1. 41.The deceased, under the circumstances, is hardly left with any amount whatsoever. Out of sum of Rs. 1,750/-, when Rs. 1,000/- was taken out on an average per month, she was left with Rs. 750/- only. 42.In this background, if letter Exhibit 62 (dated 30th April, 1994) is weighed, and it is admittedly after the deceased having remitted Rs. 10,000/- for purchase of plot, the details are on page 202 in the said letter, it would be quite interesting to note that accused No. 1 blithely informs the deceased that after discussion with the mother accused No. 3, she (accused No. 3) has proposed that if for building a house at place called Kalambu, a sum of Rs. 25,000/- to Rs. 30,000/- are given, the house in Dhule in Nehru Housing Society known as Vidya Bhavan, may be transferred in the name of the deceased whose name also happens to be Vidya. In this regard, accused No. 1 indicates that this will be the ideal proposition and if money is given to the mother, it will be within the family only and referring to a situation of there being satisfaction all around, he has also stated in Marathi version reading "Tup Sandayan Thati Mha Sandayan". This would roughly mean that if at all the ghee spills, it will be in the eating plate only. This would roughly mean that if at all the ghee spills, it will be in the eating plate only. 43.He further says that in the house thus they get 2nd floor and they can stay, etc. In the last line, it is stated that the deceased should talk about this with her father in an informal manner. 44.Per se, such sort of communication from the husband to wife can be said to be quite normal. One can also describe it to be a commendable act on the part of the husband that at this young an age, he is looking to the future and keeping welfare of the family in mind as he is keen to provide a shelter over their head in best possible manner. 45.However, when there is a reference to Rs. 25,000/- to Rs. 30,000/-, the question is from where this money is to come. Apparently, accused No. 1 had none. For purchasing of a plot also he had taken money from his wife, the said sum of Rs. 10,000/-. In the process, she was hardly left with any money. A rough account has been indicated above. The sum of Rs. 25,000/- to 30,000/- if are indicated to be provided by the wife or there is a tacit suggestion to the wife that this money is to be provided for the aforesaid purpose. Looking to the family circumstances, and over all financial situation of the husband and wife taken together, it is obvious that something is expected of the wife by the husband and if one refers to informal discussion with the father in that letter, and is understood in this light, as correctly done by the learned Sessions Judge, this would be the demand on the parents of the deceased through the deceased by Accused No. 1. 46.The complaint Exhibit 57 thus refers to the demand of Rs. 25,000/-. It is stated in the last but one paragraph on page 178. The complaint also refers to the remission of Rs. 12,000/- from the amount of scholarship that was at the disposal of the deceased. The demand of Rs. 25,000/- and remission of Rs. 10,000/- or Rs. 12,000/-, as the case may be, is thus not an after thought at all. 47.It may be mentioned here that the remission is only of Rs. 10,000/- and not of Rs. 12,000/-. 12,000/- from the amount of scholarship that was at the disposal of the deceased. The demand of Rs. 25,000/- and remission of Rs. 10,000/- or Rs. 12,000/-, as the case may be, is thus not an after thought at all. 47.It may be mentioned here that the remission is only of Rs. 10,000/- and not of Rs. 12,000/-. Whenever a reference has been made by any of the witnesses to the sum of Rs. 2,250/-, as scholarship money, promptly it is suggested by the accused side that it was the fellowship money. Be that as it may, the amount that the deceased had with her has been dealt with in this manner and yet she found letters after letters coming from the accused No. 1 that the deceased should not worry about the money. 48.In view of the scholar by activities of the deceased, it is clear that within a span of less than four years of her marriage, she has stayed with the accused No. 1 roughly about 10 to 12 months on different dates for different periods. First she left marital home which is quite traditional for the newly wedded couple and she did not return as she was to resume her M.Sc. Part II studies. She came back in the month of May, 1991 and immediately thereafter she was asked to join B.Ed. course at Dhule which she did. This is referred to in Diary Exhibit 67 which it is quite apposite to refer to. It was in between this time that, by interrupting her B.Ed. course, she had gone to Pune for the delivery of her first child and had returned to Dhule by February, 1992 from where she left Pune by August, 1992 for joining M.Phil course. These details are to be found from the synopsis given by the appellant of Cr. Appeal No. 434 of 1995. 49.In the said entry, page 195, she refers to the lack of emotional support, lack of fulfilment of her mental and emotional need. She also laments that undue emphasis was given on service and material earnings, and out of despair, she raises the questions whether the marriage is all about physical relationship alone or what. She also refers to the sad fact of she having been told by Accused No. 1 to leave the house. She also laments that undue emphasis was given on service and material earnings, and out of despair, she raises the questions whether the marriage is all about physical relationship alone or what. She also refers to the sad fact of she having been told by Accused No. 1 to leave the house. 50.When she has been married and left the marital home for resuming studies at Pune before joining B.Ed. course when she returned, she expected a period of relaxation and some happy time together with her husband. For all intent and purpose, they were newly married couple and had stayed together hardly for a week or so. 51.When she returned on completion of M.Phil course in the month of June, 1994, she promptly joined the service as Lecturer in Jaihind College at Dhule and within three months thereafter the incident happened. 52.Once the evidence is scanned and appreciated in this manner, in our opinion, it becomes clear that her marital life so far as the physical aspect is concerned, it may not be wanting but on the Psychological side i.e. emotional and sentimental, there was a total drought. The service, earning, bringing money, etc. have been given undue importance. In the interregnum, as stated in Exhibit 67, she had been asked to leave the house and when the same thing happened again, it led to the incident. If Exhibit 119 is read only with reference to the incident which is described at page 280 at the initial part of the statement and it has been quoted above, one is likely to draw an inference that it was the outcome of an impulsive act. However, later on, she does refer to constant harassment, mental torture in the form of abuses and humiliation and she also refers to the fact that she being of educated and sensitive nature and inclined more towards the studies, she was unable to pull on with this treatment any more. At page 281, she clearly says that overall behaviour and totality of their treatment towards the deceased led her to take extreme steps. In marathi language she says "Sasarchya Lokanchya Chhalas Kantalum Mi He Krutya Kele Ahe." The gist of this has already been referred to earlier and hence no translation is given. 53.The statement when read in its entirety clearly indicates that she was being constantly given ill-treatment. In marathi language she says "Sasarchya Lokanchya Chhalas Kantalum Mi He Krutya Kele Ahe." The gist of this has already been referred to earlier and hence no translation is given. 53.The statement when read in its entirety clearly indicates that she was being constantly given ill-treatment. Relationship was with an emphasis more on money earning and as set out in the said entire Exhibit 61 Diary, the accused was of the view that his own mother accused No. 3 has worked all through he will not allow the deceased to sit at home and eat the food for doing nothing. 54.The learned Judge while coming to the conclusion about the offence punishable under section 498-A, with reference to Explanation (b) has clearly come to the aforesaid conclusion about the offence having been made out. He has gone to the extent of describing the attitude of Accused No. 1 to consider the deceased to be a "money making machine". We may not agree with the use of phrase but the sentiments conveyed by it, we are very much in agreement with. The finding of guilt recorded by the learned Judge, in our opinion, therefore cannot be faulted. 55.On the question of acquittal of remaining two offences, before going to the discussion as to which of the two offences, if any, are established, first we will go to the reasoning of the learned Judge for recording acquittal at paras 21 and pages 418 onwards. 56.He was faced with as many as three oral and three dying declarations which are admissible under section 32 of the Evidence Act including the version recorded in the case paper. They are mutually contradictory and exclusive. If there is an accidental death, it cannot be suicide. There is no question it being homicidal death at all. 57.When two statements are before the learned Sessions Judge, he, in no uncertain terms, declares them to be contrary to each other and hence he decides to give benefit to the accused. 58.However, in our opinion, he has lost sight of three important aspects of the matter. 59.One is the spot panchanama, Exhibit 122. At page 287, the panchas have noted the fact of the seized clothes, they smelt of kerosene. As many as eight clothes were seized. Obviously, four were that of the deceased and four were that of the accused No. 3. 59.One is the spot panchanama, Exhibit 122. At page 287, the panchas have noted the fact of the seized clothes, they smelt of kerosene. As many as eight clothes were seized. Obviously, four were that of the deceased and four were that of the accused No. 3. Later on, in course of the investigation they sent the same for Chemical Analyser report which is at page 132 Exhibit 45. At page 133, the result of the analysis is that all clothes had kerosene residue. 60.The clothes of Accused No. 3 also got residue, because, as per the said panchnama, the clothes, which were seized from the bucket, were lying bunched together. The 3rd factor, in our opinion, is the details set out in post-mortem Note on page 86. It is Exhibit 22 starting from page 82 onwards. 61.The relevant portion is at page 85. The burns were found 7% on head, neck and face. Both upper extremity - 18%, front of trunk 18%. Back of trunk 7%, left lower extremity 5%, Right lower extremity 4% and Parineum 1%. The location of injuries, in our opinion, clearly rules out the theory of the accidental burn in the form of lighted match stick thrown on the sari. If in fact it had taken place the location of injuries would be totally different. The majority of the burns would be in the lower part of the body rather than the upper part. The front and back, both, would not be covered ordinarily. Certainly not the head, neck and face. The reason is that, immediately accused No. 1 rushed to her and helped in dousing the fire and she also runs and sits under a water tap. Accused No. 3 had also helped in dousing the fire. 62.The major part of injury in the upper part of the body extremity and also covering head, neck and face would indicate that in a short span, when the fire lasted, 60% burns have been caused. There was an external inflammable article used. This turns out to be kerosene as per the circumstantial evidence. 63.So far as the clothes are concerned, when they were taken in possession by Mr. Badgujar, P.W. 9, as per page 286 of the paper book the panchnama, they were bundled up together. This is what the panch witness has said in his deposition at page 285 during his cross-examination. 63.So far as the clothes are concerned, when they were taken in possession by Mr. Badgujar, P.W. 9, as per page 286 of the paper book the panchnama, they were bundled up together. This is what the panch witness has said in his deposition at page 285 during his cross-examination. 64.However, P.S.I. Suryawanshi takes precaution before sending articles to the Chemical Analyser. Thereafter, in different bundles, they were sent for examination with the aforesaid result. Now, as per the report of the Chemical Analyser, all clothes had kerosene residue. As per the case of the prosecution, Accused No. 3, at the relevant time was taking bath. On happening the incident, she came out and helped the Accused No. 1. Her clothes which came to be bunched with the clothes of the deceased were also affected by flames as they were hanging on the wall pegs. When all of them are dumped together in a bucket, the aforesaid position will clearly be understood and explained. In our opinion, therefore so called bunching of clothes by P.S.I. Mr. Badgujar is of no consequence. 65.Once the aspect of fire having started after the pouring of kerosene is established, it corroborates the second version of the deceased herself having done the said act. Obviously, the constraints and reservations felt by the learned Sessions Judge as to which two of the conflicting versions should be accepted would no longer be fettering us. Had the learned Sessions Judge considered all material before him, we are quite sure that he too would have come to this very conclusion. 66.Thus having taken care to resolve this conflict with the help of circumstantial evidence on record and to decide as to which of the two versions is found acceptable, it is quite clear that the dying declaration recorded on and after 17th September, 1994 is acceptable. 67.No doubt, the defence does have a point that the complaint has been lodged after almost 24 hours and more on the complainant coming to know from her daughter of the facts. It is not explained in the complaint Exhibit 57. The complainant does try to explain the same in his deposition, as P.W. 2 Exhibit 56. In para 7, at page 158, he says that they were worried about Radha. Radha was with accused. She was given to them on 17th September, 1994 and thereafter, the complaint is lodged. It is not explained in the complaint Exhibit 57. The complainant does try to explain the same in his deposition, as P.W. 2 Exhibit 56. In para 7, at page 158, he says that they were worried about Radha. Radha was with accused. She was given to them on 17th September, 1994 and thereafter, the complaint is lodged. The explanation is indeed very plausible. The only weakness is that there is no mention of it in the complaint Exhibit-57. However, P.W. 8 does say in the examination-in-chief at page 327 whether he asked the complainant if he wanted to file any complaint and the reply given was that he was not in proper state of mind and, therefore, he would see to that aspect on the next day. 68.In the course of submissions, Mrs. Mohite-Dere has urged that in a pending custody matter relating to the daughter Radha, Accused No. 1 has categorically stated in his pleading that the custody of the child was given to P.W. 2 on his arrival i.e. 16th September, 1994. Obviously, therefore, an attempt on the part of P.W. 2 in explaining the delay by referring the matter relating to the custody of Radha is an after thought. Accepting for the time being that this is the position of pleadings, however, if one turns to the evidence of P.W. 2 Exhibit 56, page 154 onwards, particularly his cross-examination at page 161 onwards, no suggestion is put to him about the custody of Radha on the aforesaid line. The exercise of accused on the aforesaid basis therefore, in our opinion, will be of no use to the accused No. 1/appellant in the present matter. 69.On the contrary in Paragraph 14 at page 165, questions were put to P.W. 2 to the effect whether he had taken help of the police to get custody of the child Radha on 16th September, 1994, to which P.W. 2 has answered in the negative. 70.Thus coming back to the material on record and the evidence discussed so far, it becomes clear that neither the Executive Magistrate nor any of the police officials are even remotely suggested to be bearing any animus towards the accused. The story has been faithfully recorded by the respective officials. The version may be contrary or not, the record is definitely there. The story has been faithfully recorded by the respective officials. The version may be contrary or not, the record is definitely there. 71.In this background, if one challenges the veracity, one has to accept the fact that on arrival of the parents of the deceased on the scene, they have decided, out of vengeance to implicate the accused and for that purpose they have tutored the daughter and cropped up the story. However, if that be so, there was no reason to prevent them from going to the extent of lodging the complaint of murder with all elaborate details that they wanted to mention. Instead of what has been done, all that has happened, has been narrated. The version set out by the deceased, Vidya in her statement Exhibit 119, which is recorded on 19th September, 1994, is given by a person who is in possession of sense with all faculties intact. She virtually cries out at her emotionally drained out marriage and with a view to teach a lesson to in-laws, including the husband as to the way that she has treated, she had taken the step. 72.In our opinion, therefore, the delay of lodging the complaint, even if it has remained unexplained, would be of no weight so far as the defence is concerned. 73.It would be mentioned here that, in the family of the accused, almost all members were in habit of giving several names to one and the same person. The deceased Vidya, her maiden name Nalini, was referred to either as Vidya or Madhuri, and likewise, Radha, a girl, who is referred to as Revati, Rupa, etc. It is not that the accused were not fond of the girl of the deceased. However, this is more than outweighed by insisting upon the earning of money and getting money more particularly with regard to accused No. 1. 74.Before proceeding further we will go to consider roll of the Accused No. 3 in the entire episode. Except for family referring to in-laws in her correspondence as well as diary, it is quite clear that the demand and the insistence for money has come from Accused No. 1 alone. The said important letter Exhibit 62 also refers to Accused No. 3 by Accused No. 1 only and that too she having put a proposal of Rs. 25,000/- to Rs. 30,000/- being contributed. The said important letter Exhibit 62 also refers to Accused No. 3 by Accused No. 1 only and that too she having put a proposal of Rs. 25,000/- to Rs. 30,000/- being contributed. It is not sufficient to hold that she too was party to the demand made on the deceased or her parents. 75.In the complaint there is a reference of Rs. 75,000/- having been paid by the father of the deceased to the accused before the marriage. However, he also truthfully said that out of that sum, about 20 tolas to 30 tolas gold was purchased in the form of ornaments and cots were given to Vidya. This may or may not amount to the offence under Dowry Act but element of money demand, it being given by the bridal side and after marriage, the money being demanded time and again in different forms by Accused No. 1 from the deceased is clearly established. The demand being on her wherever indicated it would be through her upon parents as well. 76.In this entire activity, the role of the Accused No. 3, in our opinion, is not one as to attract the provision of section 34 as to sharing of common intention. This requires meeting of mind and for that purpose much more stronger evidence on record so far as Accused No. 3 is concerned is required which is not there. 77.In our opinion, therefore, so far as the case of Accused No. 3 is concerned, it will have to be considered as that of no evidence of guilt. This would leave Accused No. 1 alone. In view of the aforesaid discussion with regard to the offence which led to the death of the deceased, in our opinion, having overcome the constraints felt by the learned Sessions Judge and having decided to accept the version given on and after 17th September, 1994 will be the correct version, we have no hesitation in holding that the offence of bringing about death of Vidya is also established. 78.The question is whether it is the offence of punishable under section 306 or 304-B of the Indian Penal Code. The version set out in Exhibit 119 - the statement, in our opinion, is not enough to constitute an offence punishable under section 306 of the Indian Penal Code. There was no abetment under section 107 of the Indian Penal Code. The version set out in Exhibit 119 - the statement, in our opinion, is not enough to constitute an offence punishable under section 306 of the Indian Penal Code. There was no abetment under section 107 of the Indian Penal Code. To that extent, we agree with the reasoning of the learned Sessions Judge. 79.So far as section 304-B is concerned, it is quite clear that in view of the finding given with regard to section 498-A in the aforesaid manner, this offence is also established. 80.The appellant as well as respondents respectively have cited certain decisions which we will refer to the extent necessary. We agree with the defence, that is the accused side, that unless there is a clear-cut finding of either cruelty or dowry death on account of demand or actuated by it, the offences under section 498-A and section 304-B cannot be made out. This decision is of the Division Bench of the Bombay High Court. It is given in the case of (Sidram Narayan Batane v. The State of Maharashtra)1, reported in 1993(I) D.M.C. page 204. 81.However, for the aforesaid reasons, we do hold that the said offences are made out. 82.A.I.R. 1994 S.C. page 1418 (State of West Bengal v. Orilal Jaiswal another)2, has been cited in respect of the submission that there is no offence made out under section 306 of the Indian Penal Code. Having agreed with this submission, we record the fact that this decision was cited. Another Supreme Court decision in the case of (Brij Lal v. Prem Chand another)3, reported in A.I.R. 1989 S.C. Page 1661, on behalf of the accused/appellant to show that there has to be material for abetment on record to bring home the charge under section 306 of the Indian Penal Code. We respectfully agree with the same and having recorded the finding of acquittal for this offence, we do not discuss the said judgment any further. 83.So far as three dying declarations are concerned, we have got the decision given in the case (Ravi Chander and others v. State of Punjab)4, reported in 1998 Supreme Court Cases (Cri) Page 1004, which has been cited by the learned Additional Public Prosecution Mr. Singhal. As indicated earlier that in the said case in the Supreme Court also no animus was suggested as against the Executive Magistrate. There was circumstantial evidence to support the dying declaration. Singhal. As indicated earlier that in the said case in the Supreme Court also no animus was suggested as against the Executive Magistrate. There was circumstantial evidence to support the dying declaration. This is the position in our case also as set out in the discussions. So far as the reference to P.M. Note, panchnama, C.A. report and other related material, the genuineness of dying declarations was accepted in the Supreme Court case after repelling the submission that the late recording of the same would not lend any doubt to it. In the instant case, there is no allegation of late recording at all. The said judgment would certainly help the prosecution in its submission and we accept the same. 84.Mr. Singhal has also cited a decision in the case of (State of U.P. v. Ramesh Prasad Misra another)5, reported in 1996 S.C.C.(Cri.) page 1278. It was almost an extreme case before the Hon'ble Supreme Court. The prosecution witnesses turned hostile by resiling their earlier statements. No explanation was given by any of the witnesses as to why the Investigating Officer would record the statements falsely. Alibi of the accused and the version of stranger's entry in the house and he had gone into bed room and had killed the wife were in disparity. In the instant case, the witnesses have not resiled away from the earlier versions. The witness we have referred to so far is only P.W. 2 the complainant and to some extent P.S.I. Mr. Badgujar by way of independent witness, P.W. 1, a friend of the deceased one Gauri Nayak. She was one of the co-students. At Exhibit 55, page 147, she has narrated the information which was imparted to her by the deceased with regard to her marital life and harassment, humiliation, as also the constant demand of money. 85.P.W. 8 Rajendra Fakira Borase was the cousin of the deceased. During school days as Vidya was staying with them, being cousin brother and sister, they were quite close to each other. He at page 316 Exhibit 137 talks about the aforesaid aspect. 86.In the said Supreme Court decision what is stated is that in bride burning case by very nature, there has to be reliance placed on circumstantial evidence. The direct evidence would be rarest. He at page 316 Exhibit 137 talks about the aforesaid aspect. 86.In the said Supreme Court decision what is stated is that in bride burning case by very nature, there has to be reliance placed on circumstantial evidence. The direct evidence would be rarest. In the case before us, luckily, in the form of correspondence and diary entry coupled with oral testimony of P.W. 1 and P.W. 8, there is enough material to support the case of the prosecution. 87.The net result therefore is that appeal filed by the accused/appellant being Appeal No. 434 of 1995 partly succeeds. Accused No. 3 is acquitted. Her order of conviction and sentence is set aside. The fine, if any, paid, is ordered to be refunded. Appeal filed by Accused No. 1 is dismissed. 88.Appeal No. 575 filed by the State is allowed so far as Accused No. 1 is concerned. For the rest, appeal is dismissed. 89.So far as remaining appeal being Appeal No. 576 of 1995 as to the enhancement of sentence is concerned, we have to deal with it after hearing the Accused No. 1 on the point of sentence as he has been found guilty for the offence punishable under section 304-B of the Indian Penal Code. 90.Accused was heard with regard to the sentence for the offence punishable under section 304-B of the Indian Penal Code. He was given time to consult his lawyer also. He has come out with a plea that there is a minimum sentence as provided under the Code, that alone may be awarded to him and nothing more. As against that Mr. Singhal, the learned A.P.P. submits that looking to the facts and circumstances of the case, it would be in the fitness of things that the accused should be awarded maximum sentence of life imprisonment. 91.Having heard both the sides and looking to the fact that the matter is pending since 1994, and since the conclusion of the trial before the Sessions Court in year 1995. 91.Having heard both the sides and looking to the fact that the matter is pending since 1994, and since the conclusion of the trial before the Sessions Court in year 1995. Accused No. 1 is already convicted under the orders of the sentence of two years because of section 498-A which he has not undergone so far because he has been released on bail, after four years we have convicted him under section 304-B and starting from the date of the incident almost after five years, in our opinion, the awarding of minimum sentence of 7 years would serve the purpose. Accordingly, Accused No. 1 is awarded minimum sentence of 7 years. 92.Accused No. 1 is therefore convicted under section 498-A and also under section 304-B. As per the Supreme Court decision reported in 1991 S.C.C. (Cri.) 191 in the case of (Shanti v. State of Haryana)6, these offences cannot be held to be mutually exclusive. We respectfully agree with the same. The charge having been framed on both and the accused having been held guilty in respect of both, we confirm that the sentence awarded by the trial Court. So far as the substantive part is concerned, it shall run concurrently with sentence awarded by us under section 304-B of the I.P.C. The Accused No. 1 is given six weeks time to surrender to his bail. 93.In this view, appeal for enhancement of sentence is dismissed in respect of both accused. At the time when the judgment was dictated, the time to surrender was granted by six weeks. Today the time is sought for further two weeks, which is granted. Thereby, time to surrender is extended by eight weeks from the date of the judgment. Order accordingly. -----