Amitav K. Gupta, J: The present appeal is directed against the judgment of conviction and order of sentence dated 05.03.2003 and 06.03.2003, passed in Sessions Trial No.97/2000, by Addl. District & Sessions Judge, Fast Track Court (F.T.C.), III, Garhwa whereby the appellant has been convicted for the offence under Section 304B of the Indian Penal Code (for short I.P.C) and 498A IPC and sentenced to undergo imprisonment for 12 years and 2 years respectively and both the sentences are to run concurrently.

2. The prosecution case as per the written report of informant, Krishna Pd. Soni (P.W.-9) is that his daughter Anita Soni, was married to Arun Kumar Soni on 23.05.1998. That at the time of marriage, as per his capacity he had given money and articles. It is alleged that after marriage, his son-in-law was repeatedly demanding a scooter and due to non-fulfilment of the demand, his son-in-law used to assault and threaten his daughter that if his demand for scooter was not fulfilled, he would set her on fire. It is alleged that his daughter was not provided with proper food/ meals and the mother of Arun Soni, elder brother Krishna Soni, Manju Devi-wife of Krishna Soni and Arun Soni after killing his daughter had sprinkled acid on her and cremated the dead body of his daughter before his arrival.

3. On the basis of the typed written report dated 26.10.1999, Garhwa P.S. Case No. 175 of 1999 was registered under Section 498-A/304B/201 I.P.C.. After completion of investigation, charge-sheet was laid whereupon cognizance was taken and the case was committed to the court of Sessions for trial. Charges were framed against all the four accused to which they pleaded not guilty and they were put to trial.

4. The prosecution has examined altogether 11 witnesses viz. P.W.-1-Ram Brikash Das, P.W.-2 Lakhan Pd. Soni, P.W.-3 Tapasi Ram, P.W.-4 Ram Narayan Singh, P.W.-5 Ashok Ram, P.W.-6 Uday Pd. Soni, P.W.-7 Narendra Das, P.W.-8 Durga Devi (mother of the deceased and wife of the informant), P.W.-9 Krishna Pd. Soni, the informant, P.W.-10 Bishwanath Pd. Soni (father of the informant), P.W.-11 Raj Ballabh Paswan.

The documents exhibited by the prosecution are:-the written report-Ext.-2, F.I.R-Ext.-3 and the forensic laboratory reports-Exts. 4 and 4/1. On closure of the prosecution case, statement of the accused was recorded under Section 313 Cr.P.C and the defence is of complete denial.

In defence, the accused has examined Narayan Soni as D.W.-1.

On consideration of the evidence on record, the trial Court convicted the appellant Arun Soni by the aforesaid impugned judgment and acquitted the other three accused persons.

5. Learned counsel for the appellant while assailing the impugned judgment has submitted that none of the independent witnesses have supported the prosecution case. The learned court failed to appreciate that P.Ws. 8, 9 and 10 are highly interested witnesses as they are the mother, father and grandfather of the deceased. That the trial Court ought to have considered that P.Ws.8, 9 and 10 had participated in the cremation. That independent witnesses have stated that the deceased died an accidental death due to burn injuries sustained while cooking food. That the learned Judge has convicted the appellant merely on the ground that the deceased died within 7 years of marriage and drew the presumption under Section 113B of the Evidence Act that it was a case of dowry death. The trial Court has failed to consider the glaring material contradictions in the testimony of P.Ws.8, 9 and 10.

It is contended that there is no material evidence to establish the charges against the appellant, accordingly, the impugned judgment is fit to be set aside.

6. Per contra, the learned A.P.P. for the State has argued that the marriage was solemnized in 1998 and the deceased died an unnatural death in 1999. That P.Ws.8, 9 and 10 have testified that the appellant was demanding a scooter and due to non-fulfillment of the demand, the deceased was harassed