( 1 ) THIS appeal was filed against the order of conviction of the appellant dated 3-2-1994. He was sentenced to undergo 5 years R. I. under Section 306, i. P. C. and was also directed to pay a fine of rs. 500/ -. In default of payment of fine he was directed to undergo R. I. for a period of two years.

( 2 ) THE prosecution case as disclosed from the FIR is that Smt. Lalti Devi deceased was married to the appellant some 11 years ago. Gauna ceremony (second marriage) took place three years after the marriage. At the time. of Gauna the appellant and his other family members demanded a motor cycle it dowry. Father of the deceased showed his inability to meet the said demand. Due to financial stringency he could not manage the demand till the death of the deceased. This was cause on account of which the deceased smt. Lalti Devi was treated cruelly by her- in-laws and the husband. She was abandoned for sometime. Time and again she. was taken to their house by the accused persons. Lastly she was brought back sometime before the incident by Rajesh Kumar pandey, P. W. 1 and Nand Lal, the brother of the deceased. She was brought back to her parental home by them. At the tim