(1.) This Criminal Appeal under Sec. 374 (2) Cr.P.C. has been preferred by the appellant being aggrieved by the judgment of conviction and sentence dtd. 9/12/1998 in S.T. No.141/1996 passed by learned IVth Additional Sessions Judge Rewa, District Rewa whereby the learned ASJ has convicted the appellant for the offence punishable under Sec. 498-A, 304-B of Indian Penal Code (hereinafter referred as 'IPC') and sentenced him to undergo R.I. for one years and seven years, respectively.
(2.) According to prosecution case, marriage of appellant/accused was solemnized with deceased in the month of April 1995 at village Lakhwar District Rewa where marriage of deceased's sister was also performed. As per prosecution, the appellant/accused had grievance that he did not get the same dowry as sister of deceased and owing to said reason he was torturing the deceased. Due to harassment said to have been committed by the appellant/accused, the deceased died of unnatural death by burn on 14/3/1996. During inquiry, police found that the deceased was subjected to harassment for demand of dowry by the appellant/accused and due to non fulfillment thereof, she died of unnatural death within seven years of her marriage, therefore, police registered the case for the offence punishable under Ss. 498-A as well 304-B of IPC.
(3.) After completing the investigation, police filed the charge sheet. The appellant/accused abjured his guilt and claimed to be tried. In order to substantiate the prosecution case, the prosecution has produced 06 prosecution witnesses. The trial Court also examined the accused under Sec. 313 of Cr.P.C. The appellant/accused also examined 02 witnesses in his defence. After considering the evidence adduced by the parties, the learned trial Judge, came to conclusion that the appellant found guilty for the offence as mentioned in Para -1.