JUDGMENT :

1. By way of present appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC” for short), the appellant has challenged the judgment and order of conviction dated 29.06.2002 passed by the learned Additional Sessions Judge, Bharuch in Sessions Case No.139/2001, whereby the appellant has been convicted for the offences under Section 306 of the Indian Penal Code (hereinafter referred to as “IPC” for short) and thereby sentenced him to undergo six years rigorous imprisonment and fine of Rs.1,100/-, in default, to undergo 30 days simple imprisonment.

2. The brief facts leading to filing of the present appeal are as under,

2.1 An FIR being C.R. No.I-93/2001 came to be registered with Ankleshwar Police Station for the offences under Section 306 of the IPC alleging inter alia that the daughter of the complainant married with the deceased before seven years and as the deceased was unable to conceive a child, the disputes were cropped up and at that time, the appellant – accused used to tell her that if the deceased dies, he will remarry and thereby the appellant – accused was giving mental and physical torture and because of constant harassm