1. This appeal is directed against judgment dated 04-11-2004 passed by Additional Sessions Judge Rajnandgaon in Sessions Trial No.03/2004. By the impugned judgment, accused/appellants Rajendra Das, Sita Bai and Rumila Bai have been convicted under Section 306/34 of Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs.500/-, in default of payment of fine amount to further undergo rigorous imprisonment for 3 months.

2. The case of the prosecution is as under :–

Appellant Rajendra Das is husband and appellant Sita Bai is mother-in-law and Rumila Bai is sister-in-law (Nanand) of the deceased Gyan Manjari. The marriage of deceased Gyan Manjari was solemnized with appellant Rajendra Das in the year 1996. Sufficient dowry was given in the marriage as per their status. After marriage the deceased was residing with the appellants in her matrimonial house. During the wedlock between appellant Ranjendra Das and deceased, two children one daughter namely Barkha aged about 6 years and one son namely Dadu aged about 4 years had begotten. Then a few days after the marriage, the appellants started ill treating the deceased and causing severe mental torture to her saying that she had not brought sufficient dowry and appellant Rumila Bai calling her as ^^jk¡M] dqfr;k^^. Due to ill treatment of the appellants, the deceased consumed poison. The deceased was taken to the hospital Chhuriya. The deceased was died. Intimation was sent to the police station Chhuriya. Merg intimation Ex.-P/3 was recorded in police station Chhuriya. Investigating officer reached the place of occurrence and gave notice to Panchas vide Ex.-P/8 and prepared inquest on the dead body of the deceased Ex.-P/9. The dead body of the deceased was sent to Community Health Center, Chhuriya for postmortem examination vide Ex.-P/10. Doctor A.K. Bansod (PW-19) conducted the postmortem on the dead body of the deceased along with Doctor T.S. Thakur (not examined) and gave their report vide Ex..-P/10A, in which they mentioned that the cause of death was due to poisoning effect into the body.

In further investigation empty bottle of chlorohit, sealed bottle of chlorohit and Lota were seized from the place of occurrence vide Ex.-P/2, soil was also seized from the place of occurrence. Khinwa, Pairpatti, fully were also seized from Chandrakala vide Ex.-P/4. Patwari Viruram Netam (PW-12) prepared spot map vide Ex.-P/5. During the merg intimation Tulsidas Vaishnav (PW-16) made written complaint to the Police Station, Chhuriya vide Ex.-P/ 7. After merg investigation a regular FIR was recorded in Police Station Chhuriya.

After completion of the investigation, charge-sheet was filed against the appellants in the Court of Judicial Magistrate First Class, Rajnandgaon, who, in turn, committed the case to the Court of Session, Rajnandgaon, from where it was received on transfer by Additional Sessions Judge, Rajnandgaon, who conducted the trial and convicted and sentenced the appellants as mentioned above.

3. Shri PKC Tiwari, leamed Senior Advocate with Shri Shashi Bhushan, learned counsel for the appellants argued that prosecution has not proved the case against the appellants. The prosecution has failed to prove that the deceased was subjected to cruelty or harassment by the appellants. The evidence of Tulsidas (PW-6), Smt. Alka Vaishnav (PW-10), Shri Bai (PW-7) and Omprakash Vaishnav (PW-11) can not be believed, they were relative of the deceased. Independent witnesses have not supported the case of the prosecution. The prosecution has not established that prior to the death of the deceased she had been either subjected to cruelty or harassment or any demand of dowry was made to her, evidence in this respect is wholly insufficient to convict the appellants under Section 306 IPC, the prosecution has utterly failed to establish the ingredients of Section 306 IPC against the appellants.

4. On the other hand, Shri R.R. Sinha, learned Panel Lawyer for the