Honble JAIN, J.–The accused appellant Veero S/o Mojaram has been convicted and sentenced by the Addl. Sessions Judge (FT) No. 1, Dholpur vide judgment and order dated 13.8.2002 under Section 304-B IPC to 7 years R.I. and a fine of Rs. 200/-, in default of payment of fine to further undergo 1 months S.I. and under Section 498-A IPC to 2 years R.I. and a fine of Rs. 200/-, in default of payment of fine to further undergo 1 months S.I. Both the sentences were ordered to run concurrently. Being aggrieved with the same, the present appeal has been filed before this Court.

(2). PW8 Roopesh, the brother of deceased Suman lodged a typed report before the Superintendent of Police, Dholpur on 4.6.2001 about death of her sister Suman on 1.6.2001 in village Nidera, P.S. Kaulari, District Dholpur. The said report was directed to SHO, who registered FIR No. 94/2001 on 5.6.2001 at 1.40 p.m. at P.S. Kaulari under Section 304-B and 201 IPC. In the report, it was alleged that marriage of his sister Suman took place on 12.3.96 with Veero S/o Mojaram. Since after her marriage, there was continuous demand of one Scooter, Gold Ring and Colour T.V. from her in laws. They use to harass and give beating to his sister. On 1.6.2001, two persons came and told him that his sister Suman is seriously ill and he has been called. He reached village Nidera at about 5 p.m. and saw that his sister had already died. He saw that number of injuries were there on the person of deceased. He wanted to go at Police Station but 10-12 persons tied his hands from the back and dead body was cremated. The police investigated the matter and filed a charge-sheet against 6 accused persons including appellant. The case was committed for trial to the Court of Sessions Judge, Dholpur who transferred the same for disposal to the Court of Addl. Sessions Judge No. 1 (FT) Dholpur.

(3). The trial court framed charge against the appellant and other two accused persons namely Mojaram his father and Mst. Ramkatori, his mother under Section 304-B, 498-A and 201 IPC and against other co-accused persons namely Bhagwan Singh, Bobby and Jairam under Section 201 IPC. The accused persons denied the charge and claimed to be tried. The prosecution examined 16 witnesses PW1 to PW16 and produced documentary evidence Ex. P. 1 to Ex. P. 10. Thereafter statements of the accused persons were recorded under Section 313 Cr.P.C., who stated that Suman died due to severe fever. In defence statement of DW1 Ram Babu was recorded.

(4). The learned trial Court after hearing arguments from both the sides acquitted all other accused persons from all the charges levelled against them. The accused appellant was also acquitted from the charge under Section 201 IPC. However, appellant was convicted and sentenced under Section 304 B and 498 A IPC as mentioned above.

(5). The learned counsel for the appellant contended that learned trial Court has committed an illegality in convicting the accused appellant for the above offence. He submitted that prosecution failed to prove beyond any reasonable doubt that death of Smt. Suman was caused by any burns or bodily injury or occurs otherwise then under normal circumstances and further that soon before her death, she was subjected to cruelty or harassment by her husband or any relative of his husband for or in connection with any demand of dowry. He referred the statement of prosecution witnesses and on that basis submitted that there was no cruelty or harassment with deceased for demand of dowry by her in laws including appellant much less soon before her death and in absence of such type of evidence, the conviction of the appellant is bad in law and deserves to be set aside by this Court. He further contended that the independent witnesses who were neighbourers were declared hostile and conviction is based on interested and relatives witnesses. He also contended that the incident took place on 1.6.2001 and complainant was very much present during cremation of dead body but no

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