JUDGMENT :

AJAI TYAGI, J.

1. This appeal has been preferred by the appellant-Jagveer Singh @ Bantu against the judgement and order dated 28.02.2011 passed by Additional Sessions Judge, Court No.02, Pilibhit, in Session Trial No.179 of 2009 (StateVs. JagveerSingh@Bantu)arising out of Case Crime No.1657 of 2008, under Sections 498-A & 306 IPC and Section ¾ Dowry Prohibition Act, 1961, Police Station-Jahanabad, District-Pilibhit, by which the learned trial court convicted and sentenced the appellant-Jagveer Singh @ Bantu for five years rigorous imprisonment and Rs.10,000/-fine (three months imprisonment for default of fine) under Section 306 IPC and two years rigorous imprisonment and Rs.3,000/-fine (one month imprisonment in default of fine) for the offence under Section 498A IPC. All sentences are directed to run concurrently.

2. The brief relevant facts of this case are that on 14.12.2008, informant Madan Lal submitted a written report in P.S.-Jahanabad, District-Pilibhit, with the averments that his grand-daughter (daughter of his daughter) Laxmi Devi was married to Jagveer Singh @ Bantu s/o Khoob Chandra resident of Village-Jalipura in April, 2008. They have given sufficient dowry according to their financial capacity but Jagveer Singh and his parents were not satisfied with the dowry. So, they used to torture Laxmi Devi. Laxmi Devi on several occasions made complaints regarding the demand of additional dowry and torture due to non-fulfillment of the demand. Several times they tried to convince Jagveer Singh, but Jagveer Singh used to quarrel with them also. Villagers of Jagveer Singh's village informed us in the morning at 10 O'clock through telephone that Laxmi Devi has been killed. It was evident that she was given poison.

3. On the above written report, the Case Crime No.1657 of 2008, under Section 498A, 304B IPC and Section ¾ Dowry Prohibition Act, 1961, was registered at P.S.-Jahanabad, District-Pilibhit on the same day against the appellant-Jagveer Singh and his parents. Post-mortem of Laxmi Devi was conducted and cause of death could not be ascertained, therefore, viscera was preserved. After inquest of the dead-body of the deceased, report from Forensic Science Laboratory, Lucknow (Ex.ka7) was received. In the report, aluminum phosphide poison was found in viscera of the deceased, therefore, charge sheet was submitted against Jagveer and his father Khoob Chandra under the above mentioned offences.

4. Learned trial court framed charges under Section 498A, 304B IPC and ¾ Dowry Prohibition Act, 1961, against both the accused persons. Learned trial court, after conducting full trial, acquitted Khoob Chandra for all charges framed against him, but convicted Jagveer Singh @ Bantu under Section 306 IPC for five years rigorous imprisonment and Rs.10,000/-fine and under Section 498A IPC for two years rigorous imprisonment and Rs.3,000/- fine. Hence, this appeal.

5. Heard Shri Awadhesh Kumar Srivastav, learned counsel for the appellant and Shri S.S. Sachan, learned AGA, appearing for the State.

6. Learned counsel for the appellant argued that the appellant has been falsely implicated in this case by the informant and wrongly convicted by the trial court. No offence is made out against the appellant. Learned counsel for the appellant further submitted that initially a case was registered against the appellant under Section 304B, 498A IPC and ¾ Dowry Prohibition Act, 1961, and it was alleged in the First Information Report that appellant and his parents were not happy and satisfied with the dowry given in the marriage of the deceased and they used to demand additional dowry and also used to torture for non-fulfillment of the dowry, but no such evidence has come out on the record and learned trial court acquitted the accused-Khoob Chandra for all the charges and convicted the appellant-Jagveer Singh under Section 306 IPC only, therefore, it is clear from the judgement of the learned lower court that prosecution story was not believed t