Anil Kumar Shukla, J.

This appeal has been preferred under Section 374 of the Code of Criminal Procedure by the accused against the judgment dated 4.9.1998 delivered in Sessions Trial No. 375 of 1994 by the First Additional Sessions Judge, Baloda Bazar, whereby the Learned Trial Judge has convicted and sentenced the accused/Appellant as under:

Conviction	Sentence
Under Section 306 IPC	Rigorous Imprisonment for 10 years and fine of Rs.10,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 1 year

2. Case of the prosecution, in brief, is that Keshavram Sahu (PW-6) lodged First Information Report (Ex.P-7) in Police Station Bhatapara (Urban) on 7.4.1994 that marriage of his daughter Sushila alias Kaushalya was performed with the Appellant 4-5 years back. Due to torture by her husband/Appellant, Sushila came back to her paternal home at Bhatapara and lived with her father. She gave birth to a son, namely, Lokesh during her living at paternal home at Bhatapara. Sushila had made a report against her husband/Appellant in Pol