JUDGMENT

V.S. Sirpurkar, J.—

1. The sole accused appellant challenges the High Court judgment dismissing the riminal appeal and confirming the judgment of conviction and sentence by the Sessions Judge.

2. The prosecution story is an extremely short conspectus. As many as three persons, being Sitaram Sharma, Gayatri Devi Sharma and Arun Kumar Sharma were tried for offences under Section 302 read with Section 34 IPC and alternatively, under Section 304B read with Section 34 and 498A, IPC. Sitaram Sharma is father, Gayatri Devi is the mother while Arun Kumar Sharma (appellant) is the son. The allegation against all the three was that they committed the murder of Sushma Devi, wife of Arun Kumar Sharma for dowry and also subjected her to cruelty on account of demand of dowry. The Trial Court acquitted Sitaram Sharma and his wife Gayatri Devi Sharma but convicted Arun Kumar Sharma of the substantive offence under Section 302, IPC.

3. On 17.06.1994, at about 9.30 p.m., a telephonic massage was received in Lakhisarai police station that a woman was murdered by strangulation. On that basis, an entry, vide Entry No. 516, was made in the police diary and the offence was registered. The polic