Honble GARG, J.–The abovenamed accused appellant has preferred this appeal against the judgment and order dated 18.2.1998 passed by the learned Judge, Special Court (Women Atrocities & Dowry Cases), Bhilwara in Sessions Case No. 229/97, by which he acquitted the accused appellant of the charge under Section 498A IPC, but convicted him under section 306 IPC and sentenced to undergo seven years RI and to pay a fine of Rs. 2,000/-, in default of payment of fine, to further undergo six months SI.

(2). The facts giving rise to this appeal, in short, are as follows:-

On 28.12.1994 (from 5.15 PM to 6.00 PM), PW 5 Mahaveer Prasad Sharma, A.D.M. Bhilwara recorded the statement of Smt. Chandrakala (hereinafter referred to as the deceased) W/o Ramphal (accused appellant), aged 17 years, resident of 3E-19, New Housing Board, Shastri Nagar Bhilwara, in the MG Hospital, Bhilwara, in which she stated as follows:-

1. That deceased was married with Ramphal (accused appellant) before four years back and out of four years, she has remained at her parents house for three years and she has one child.

2. That her husband used to come to house after taking liquor and thereafter, her husband used to torture a

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