JUDGMENT (ORAL)

M.L. Tahaliyani, J.— The applicant has been convicted by the learned Ad hoc Assistant Sessions Judge, Nagpur, for the offences punishable under Sections 306 and 498A of the Indian Penal Code. In all there were three accused including the applicant. The applicant was accused No.1 in the Sessions Trial No.409/2002. Accused Nos. 2 and 3 were brothers of the applicant. All the accused were charge-sheeted for the offences punishable under Sections 306, 498A and 304B read with Section 34 of the Indian Penal Code. Accused Nos. 2 and 3 have been acquitted of all the charges framed against them. Accused No.1/applicant has been acquitted of the offence punishable under Section 304B of the Indian Penal Code and is convicted of the offences punishable under Sections 306 and 498A of the Indian Penal Code.

2. The prosecution case, in brief, is that deceased Swati was married to the applicant on 26.5.2001. The applicant and his brothers were staying at Village Chande Mangali in Tahsil Mouda, District Nagpur. The applicant was in a private service at Mouda. He, therefore, along with the deceased was staying separately from his other family members in a rented room at Mouda. It is a