JUDGMENT

Hansaria, J.-The State has felt aggrieved at the acquittal of the respondent by the High Court on appeal being preferred to it by him against the judgment of the Sessions Judge by which he was found guilty, along with two others, under Sections 302/34 IPC and 498-A. Though the High Court had acquitted all the three convicts, notice was issued by this Court only against the respondent.

2. Shri K.C Bajaj, learned counsel appearing for the appellant, has contended that the case against the respondent stands established by the judicial confession as well as the extra-judicial confession deposed by P.Ws.2, 4 and 5. The prosecution case also stands corroborated, according to the learned counsel, by the injuries which were found on the person of the deceased. It has been urged that a charge was framed under Section 304-B, and as the death of Vidya was within seven years of her marriage and the same having nexus with demand for dowry, it has to be presumed, in view of what has been stated in Section 113-B of the Evidence Act, that the respondent had caused dowry death.

3. Shri H.S. Rai, Senior counsel appearing for the respondent, has first submitted that the trial court having not