JUDGMENT :

NARENDRA KUMAR VYAS, J.

1. This appeal has been preferred against the judgment of conviction and order of sentence dated 13.03.2003, passed by the Learned Third Additional Sessions Judge (FTC), Mungeli, District Bilaspur in Sessions Trial No. 148 of 1997, whereby and whereunder the Learned Third Additional Sessions Judge has convicted the appellant under Section 498-A/34 of the Indian Penal Code (for short ‘the IPC’) and sentenced him to undergo RI for two years and to pay fine of Rs. 2,000/- with default stipulation.

2. The case of the prosecution, in brief, is that about 4 to 5 years prior to the date of incident, marriage of accused Shiv Prasad and deceased Geeta Bai was solemnized. It is alleged that while residing in the matrimonial home, deceased Geeta Bai was subjected to torture by the accused. It is also alleged that accused Shiv Prasad had illicit relationship with his sister-in-law and it was the reason that the deceased was tortured mentally and physically and dowry was also demanded from her. On the date of incident i.e. 14.8.1996, it was Holi festival and at about 7:00 p.m. the deceased was in the kitchen and her husband Shiv Prasad had been away from home and