Heard, Mr. Rajesh Lala assisted by Mr. Arpit Kumar, learned counsels for the appellant and learned counsel for the State, Mr. Tapas Roy, learned Additional Public Prosecutor.

2. The instant Criminal appeal is directed against the Judgment of conviction dated 06th February, 2004 and order of sentence, dated 07th February, 2004, passed by the learned Additional Sessions Judge-XI, Dhanbad in Sessions Trial No.91 of 2002, whereby the sole appellant, Ashraf Ali, who has been charged under Sections 304B I.P.C. and 3/4 of the Dowry Prohibition Act, has been convicted for the offence committed and punishable under Section 306 of the Indian Penal Code, as the charge under Section 304B I.P.C. has not been proved by the prosecution and awarded to undergo rigorous imprisonment for five years and a fine of Rs.500/-and in case of default in payment of fine, to further undergo simple imprisonment for two months for the offence committed and punishable under Section 306 of the Indian Penal Code.

3. The prosecution case, is based upon, the fardbeyan of the informant, Juli Kumari (P.W.3) recorded by V. B. Singh, Sub Inspector of Police, Kenduadih Police Station, Dhanbad, on 06.11.2001 (Tuesd