JUDGMENT :

1. This Appeal is directed against the judgment of conviction and order of sentence dated 07.03.1998 passed by the 1st Additional Sessions Judge, Ambikapur, District Surguja in Sessions Trial No.329/1996 convicting the Appellant under Section 306 IPC and sentencing him to undergo RI for 7 years.

2. The brief facts of the case are that the Appellant had abducted the deceased namely Ku. Sushma and took her to Village Bhatgawa and the father of the deceased Dharam Sai (PW-1) had gone along with the father of the Appellant to the said village and brought her back. Thereafter, the deceased disclosed that the Appellant, in a forceful manner, made physical relation with her for which, a separate trial has been conducted vide S.T. No.328/1996 under Sections 363, 366 and 376 IPC in which, the Appellant was convicted and awarded sentence of 7 years vide judgment dated 03.07.1998 passed by the Additional Sessions Judge, Ambikapur. It is alleged that after returning from village Bhatgawa, when the deceased was taken to lodge FIR, she had consumed poison and was hospitalized and during treatment, on the next day, she died. Merg intimation (Ex.P-2) and subsequently, FIR (Ex.P-3) have be