Inder Singh Uboweja, J.

1. The appellant has preferred this appeal assailing the judgment of conviction and order of sentence dated 06.05.1998 passed by the Additional Sessions Judge (Special Judge, NDPS), Raipur in Sessions Trial No. 342 of 1997, whereby and whereunder the trial Court after holding the appellant guilty for commission of offence, convicted him under Sections 306 & 498A of the IPC and sentenced him to undergo R.I. for 6 years & to pay fine of Rs. 2,000/- in default of payment of fine to undergo additional S.I. for 6 months and to undergo R.I. for 2 years & to pay fine of Rs. 1,000/-, in default of payment of fine to undergo additional S.I. for 3 months respectively. Both the sentences were directed to run concurrently. Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

2. As per case of prosecution, marriage of deceased - Beena with appellant was solemnized in the year 1992. On the fateful day i.e. 20.05.1997, at about 9.00 to 10.00 a.m., deceased was found hanging from the ceiling fan in the house of appellant, situated at Tatiband. It is the story of the prosecution that she committed suicide within seven years of her marriage as a result of abetment caused by her husband. It is also alleged that soon after her marriage, she was being treated with cruelty in connection with demand of dowry.

3. Hari Prasad (PW-1), cousin of the appellant, went to police station, Amanaka and informed the police about the incident. Investigating Officer reached the place of occurrence and after summoning the witnesses vide Ex. P-3, inquest over the dead body of the deceased was prepared vide Ex. P-4. Dead body of deceased Beena was sent for autopsy to the Medical College Hospital, Raipur vide Ex. P-5, where Dr. Ullas Gonade (PW-10), conducted autopsy on the dead body of the deceased vide Ex. P-12 and found following injuries and symptoms:-

(i) A ligature mark 2¼" breadth present around neck. Circular diameter is 14" the distance from right mastoid is 2" from left mastoid is 1" from chin 2¾". Mark is glistering dark, directed upward & laterally towards left side.

(ii) Bubble of saliva is present from right angle of mouth. Cyanosis of nail is present.

(iii) Tongue protruded out, mouth open, eyes open, both foot extend and right leg fold at knee.

(iv) A single knot present on left side of neck on lateral side below left mastoid ligature used is blue colour duppatta.

(v) No external injury present over body.

(vi) On neck dissection, white tissue seen beneath the ligature mark.

Cause of death was asphyxia due to ante mortem hanging and it is suicidal in nature.

4. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (for short, 'the Code'). On the basis of statements & autopsy report (Ex. P-12), First Information Report (Ex. P-13) was registered by Investigating Officer A.K. Pandey (PW-11) against the accused/appellant under Sections 306 & 498A of the IPC.

5. After completion of investigation, charge-sheet was filed before the Court of Additional Chief Judicial Magistrate, Raipur, who in turn committed the case to the Court of Sessions, from where learned Additional Sessions Judge received the case on transfer for trial.

6. In course of trial, the prosecution to bring home the charges, examined as many as twelve witnesses to support its case. The accused person in his statement recorded under Section 313 of Code, denied his involvement in the occurrence and pleaded innocence and false implication in crime in question.

7. After providing opportunity of hearing to the parties, learned Additional Sessions Judge, Raipur, on appreciation of evidence brought on record came to hold that the prosecution had been able to establish the charges against the accused and on that basis convicted and imposed sentence as has been stated herein-before. Being aggrieved by th