Judgment :

Dr. Arijit Pasayat, J.

1. Challenge in this appeal is to the judgment of a learned Single Judge of the Rajasthan High Court allowing the appeal of the State Government and holding the appellant guilty of offence punishable under Section 498-A of the Indian Penal Code, 1860 (in short `IPC) while upholding the acquittal in respect of offence punishable under Section 306 IPC. The appellant was sentenced to undergo rigorous imprisonment for one year and to pay a fine of Rs.2,000/-with default stipulation.

2. Background facts giving rise to the prosecution are as under:

On 4.7.1988, at about 10 p.m. Laxman Singh (P.W.13) who was S.I. in the Police Station Nimbaheda received an information from the Medical Officer Dr. R.D. Bhatt (P.W.15) from the Hospital and on receiving that information, Laxman Singh reached the hospital where Prem Chand was present who informed orally to Laxman Singh that in the morning all the persons of his family had gone to the field in the house; wife of his son Gopal, namely, Ram Kumari (hereinafter referred to as "the deceased") was alone and in the noon, when he went to his house, he found the deceased unconscious and then he called his wife Lahar Bai (PW-4) who was living nearby and she also came there. Then he called doctor and doctor advised him that she should be taken to the hospital and in the hospital, when the treatment was going on, the deceased died.

This oral report was reduced into writing and the same is Ex. P/6 and on this report, Laxman Singh (P.W.13) registered Marg FIR No.6/88 under Section 174 of the Code of Criminal Procedure, 1973 (in short the `Code) and started investigation.

During investigation, post mortem of the dead body of the deceased was conducted by Dr. R.K. Gupta (P.W. 11) and Dr. R.D. Bhatt (P.W.15) and the post mortem report is Ex.P/4 and both the doctors have stated that cause of death of Smt. Ram Kumari was asphyxia and this may be probably due to opium poisoning and they also found 6 bruises, three on the right thigh and three on her right hip. Thereafter P.W.13 Laxman Singh came to the conclusion that accused Gopal who was husband of the deceased used to treat her with cruelty and used to beat her and a case for offence under Sections 498A and 306 I.P.C. was made out and he himself lodged FIR Ex.P/8 and on this FIR Ex.P/8 investigation of the case was done by Netrapal Singh (PW-14) who was

S.H.O. in the police station Nimbaheda. After usual investigation challan was submitted in the Court of Magistrate for offence under Section 498A and 306 IPC from where the case was committed to the Court of Additional Sessions Judge, Nimbaheda.

Since the accused pleaded innocence trial was held and 15 witnesses were examined. The trial Court directed acquittal of the appellant inter-alia holding as follows:

(i) It has not been proved by the prosecution that the deceased has been subjected to cruelty and single act of cruelty or beating is not sufficient.

(ii) Since the deceased had undergone tubectomy operation after delivery of 3rd child and because of that she was not in a position to work and she used to feel restlessness and accused respondent used to ask her to work and there was dispute between husband and the wife on this point and such type of dispute cannot be covered Aggrieved by the judgment and order, State filed an appeal and as noted above the same was allowed.

3. In support of the appeal, learned counsel for the appellant submitted that the

marriage took place some time in 1976 and the date of occurrence is July, 1998 and therefore Section 113-B of the Indian Evidence Act, 1872 (in short the `Evidence Act) has no application. Further it is submitted that the ingredients of Section 498-A have not been established.

4. It has been concluded by the High Court that suicide has not been proved. Therefore, Section 498-A has no application. Section 498-A(b) relates to demand of dowry for which there is no evidence.

5. In response, learned counsel for the responden