JUDGMENT :

Four persons, namely, Shankar Sao, Dhanwanti Devi, Birendra Sao and Kanchan Devi were made accused in Marafari P.S. Case no. 54 of 2007, which was registered on 15th May, 2007 at 9:30 p.m. on the basis of fardbeyan of Deo Lal Sao, father of Rita Devi, the deceased. They were sent up for trial to face the charge under section 302/34 of the Indian Penal Code, under section 304-B/34 of the Indian Penal Code and under section 3/ 4 of the Dowry Prohibition Act.

2. Three persons, namely, Dhanwanti Devi-mother-in-law, Birendra Sao -brother-in-law and Kanchan Devi-sister-in-law of Rita Devi, the deceased, have been acquitted of the charges framed against them.

3. The appellant has been convicted and sentenced to R.I. for life under section 304-B of the Indian Penal Code for dowry death of Rita Devi, his wife.

4. Mr. Sanjay Kumar Srivastava, the learned A.P.P. submits that the appellant has remained in custody for more than 12 years.

5. Mr. Hemant Kumar Shikarwar, the learned counsel for the appellant while challenging the legality of conviction of the appellant under section 304-B of the Indian Penal Code submits that infliction of punishment of R.I. for life, which is the maximum pu