M.Jeyapaul, J.

1. The sole accused who was convicted for an offence under Section 304-B IPC and was sentenced to undergo ten years rigorous imprisonment, has preferred the present appeal.

2. The case in brief of the prosecution as unfolded by the witnesses examined on its side is as follow

a) PW 8 Waryam Singh and PW 10 Laxmi Devi are the father and the mother of Balwinder Kaur since deceased. Balwinder Kaur was married to the accused Gurcharan Singh about three years prior to her death. Gurcharan Singh, who is the appellant herein, was not happy with the dowry given at the time of marriage. He started maltreating Balwinder Kaur. The accused demanded a sum of Rs. 70,000/- for opening a television shop. Balwinder Kaur came down to her parental house and complained of the maltreatment at the matrimonial home. A sum of Rs. 3,000/- in cash was given and Balwinder Kaur was sent to her matrimonial home.

b) Dara Singh, one of the relatives of the deceased, came to the house of PW 8 and he informed him that his daughter was set on fire by the accused Gurcharan Singh. By the time PW 8 alongwith his relatives reached Rajindra Hospital, Patiala, Balwinder Kaur had already succumbed to the injuries.

c) Assistant Sub Inspector Vidya Sagar (PW11) who came to the said hospital recorded the statement of PW8 at about 8:30 AM on 17.05.1997. A case was registered for an offence under Section 304-B IPC as against the accused. Dr. O.P. Aggarwal (PW1) conducted post mortem examination on the dead body of Balwinder Kaur at about 2:30 PM on 17.05.1997. He found kerosene smell all over the body and also on the hairs. After conducting post mortem examination, he opined that Balwinder Kaur had died due to burn injuries which were ante mortem in nature and were sufficient to cause her death in the ordinary course of nature.

d) PW11 arrested the accused and subjected him for medico legal examination before he was remanded to judicial custody. Dr. Kiranjot Kaur (PW4) conducted medico legal examination of the accused Gurcharan Singh at about 10:45 AM on 21.05.1997. PW4 found extensive multiple burn injuries on the four fingers of the right hand. She also found burn injury on the first finger of the left hand. She opined that such injuries would have been sustained by Gurcharan Singh about 36 to 72 hours prior to his medico legal examination. PW 12 ASI Vidya Sagar conducted part of the investigation and PW 13 Inspector Rajwinder Singh having completed the investigation laid final report as against the accused for an offence under Section 304-B IPC.

3. The trial Court having placed reliance upon the evidence of PW8 Waryam Singh and PW 10 Laxmi Devi, the father and the mother of Balwinder Kaur, in the background of medical evidence arrived at a conclusion that the prosecution has established the case beyond reasonable doubt that Balwinder Kaur committed suicide on account of cruelty committed by the accused on Balwinder Kaur demanding dowry.

4. The learned senior counsel Shri A.P.S. Deol appearing for the appellant/accused would submit that the prosecution has failed to establish that there was a demand of dowry in connection with the marriage between Balwinder Kaur and Gurcharan Singh. Even as per the case of the prosecution, there had been a wide gap of earlier demand of dowry and the death that took place after three years. He would submit that the evidence of PW8 and PW10 may give an impression that there was a demand of some amount from the in-laws of the accused for the purpose of setting up a television shop. But such a demand cannot be treated as a demand of dowry. Referring to the decisions of Honble the Supreme Court and this Court, he would submit that the prosecution failed to establish that there was a demand of dowry in connection with the marriage and cruelty was committed by the accused in connection therewith.

5. The learned Deputy Advocate General appearing for the State would submit that PW8 and PW10 have deposed before the trial Cou