JUDGMENT

Swatanter Kumar, J.

1. Inter alia but primarily the appellant has raised a question of law inthe present appeal. The contention is, that every demand by the husband or his family members cannot be termed as `dowry demand' within the meaning of Section 2 read with Section 4 of the Dowry Prohibition Act, 1961 (for short referred to as `the Act') and consequently, the death of the deceased cannot be termed as a `dowry death' within the ambit and scope of Section 304-B of the Indian Penal Code (for short `the Code') and, as such, the 1conviction and order of sentence passed against the appellant is liable to be set aside.

2. It is a settled canon of criminal jurisprudence that the question of law has to be examined in light of the facts and circumstances of a given case. Thus, reference to the facts giving rise to the present appeal would be necessary.

3. Vipin @ Chanchal @ Rekha, the deceased and Ashok Kumar, the appellant herein, were married on 9th October, 1986. Harbans Lal, the father of the deceased had given sufficient dowry at the time of her marriage according to his means, desire and capacity. But, the appellant and his family members i.e. Mukesh Kumar, the brother of