This criminal appeal has been directed against the judgment of conviction and sentence dated 1st May, 2006 and 3rd May, 2006 rd respectively passed by learned Additional District & Sessions Judge, F.T.C., Dumka in connection with Sessions case no. 34 of 2005, whereby the appellant has been held guilty for the offence punishable under section 304B of Indian Penal Code and sentenced to undergo rigorous imprisonment for life.

2. The case of the prosecution, as it appears from the First Information Report is that Reba Devi (daughter of the informant) was married with the appellant on 10.03.2004 according to Hindu Rites and Custom. Cash and valuables were given in the marriage, but the appellant and his family members were not satisfied with the articles given in the marriage and they put forward demand for a motorcycle and a colour Television and for non-fulfillment of aforesaid demand, Reba Devi was subjected to torture and treated with cruelty by her husband (appellant) and his family members. Between the intervening night of 8-9th June, 2004, Reba Devi sustained burn injury and died in her matrimonial home. It is disclosed that after death of Reba Devi, matter was reported to Superintendent of Police vide Ext-A, but no action was taken and thereafter complaint case vide P.C.R. case no.317 of 2004 was filed in the court of learned Chief Judicial Magistrate, Dumka. The aforesaid complaint was sent to concerned Police Station under section 156(3) of the Code of Criminal Procedure with a direction to register a case and investigate into the matter. On the basis of endorsement made on complaint petition (Ext-3), Shikaripara P.S. Case no.46 of 2004 dated 25.07.2004 for the offence punishable under sections 498A, 326, 406, 304B and 120B I.P.C. was registered against the appellant and his family members.

The police, after due investigation, submitted charge sheet for the offences under sections 302 and 304B I.P.C. and accordingly cognizance was taken and the case was committed to the court of Sessions and registered as Sessions Case no. 34 of 2005.

3. Charge under section 304B I.P.C. and/or in alternative section 302 I.P.C. was framed against the appellant to which the appellant pleaded not guilty and claimed to be tried. The prosecution in order to substantiate charges, has examined altogether fourteen witnesses including doctor, Investigating Officer and the informant. Learned 3rd Additional District & Sessions Judge, F.T.C., Dumka placing reliance on the evidence and documents, held the appellant guilty for the offence punishable under section 304B I.P.C. and the alternative charge under section 302 I.P.C. stands not proved.

4. Learned counsel for the appellant, who has been appointed as Amicus Curiae, submitted that death of Reba Devi was an accident because she was caught under fire while she was arranging bed, there was wick lamp placed in the room which accidentally fell down and due to that, Sari of Reba Devi caught under fire, which gradually aggravated and capture the whole body of Reba Devi and she died due to burn injury. The appellant was not present in the room where Reba Devi caught under fire and he was sitting in the shop. On Hulla, he reached to the room and found Reba Devi badly burnt. Like a law abiding citizen, he had informed the police in writing about accidental death of Reba Devi and on the basis of information lodged by the appellant, UD Case no.8 of 2004 was registered and investigation was carried out. Post Mortem was done. Information regarding death of Reba Devi was also communicated to her mother and relatives, who had visited the matrimonial home of Reba Devi and seen the dead-body. They did not raise any voice at that point of time nor they informed the police regarding allegation of demand of dowry and torture. No report at any police station was lodged by the informant or by any of her relatives. After one month, a compliant petition was filed in the court of Chief Judicial Magistrate, Dumka, wh