ARIJIT PASAYAT, J.

( 1 ) CHALLENGE in this appeal is to the judgment and order dated 3. 4. 2007 passed by a division Bench of the Bombay High Court upholding the conviction and sentence of the appellant for commission of offence punishable under Section 302 read with section 34, Section 498a and Section 323 read with Section 34 of the Indian Penal Code (in short 'ipc' ).

( 2 ) ORIGINALLY there were five accused persons. Out of them, A-2, A-4 and A-5 were acquitted by the Trial Court under Section 235 of the code of Criminal Procedure, 1973 (in short 'the Code') of the charges relating to offences punishable under Sections 498a and 323 of the IPC while the appellant herein and A-3 were convicted for the offence punishable under Section 302/34 of the IPC.

( 3 ) BY the impugned judgment the High Court set aside the conviction of A-3 but upheld the conviction of the present appellant under section 302 of the IPC.

( 4 ) THE case of the prosecution is based on certain circumstances and the Trial Court and high Court found those circumstances to be sufficient to warrant the conviction of the appellant. The High Court found that the accusations for dowry torture were not established and th