JUDGMENT :

1. Heard Sri Ashok Kumar Srivastava, learned counsel for the appellant, Sri Anurag Singh Chauhan, learned A.G.A for the State and perused the material available on record.

2. The instant criminal appeal under Section 374 (2) Cr.P.C has been filed by the appellant against the judgment and order dated 03.03.3004 passed by learned Sessions Judge (FTC – IV), Pratapgarh, in Sessions Trial No. 162/96, Case Crime No. 77/94, under Sections 498-A, 304-B I.P.C, Police Station Nawabganj, District Pratapgarh State of U.P. Versus Shyam Bihari and others, for convicting the appellant and awarding the sentence under Section 306 I.P.C for seven years Rigorous Imprisonment and 10,000/-fine and further to undergo for two years rigorous imprisonment and Rs. 2000/-fine under sections 498-A I.P.C. The sentences were to run concurrently.

3. The applicant has taken ground that the impugned judgment and order of the Court below is unjust, illegal and improper and also perverse. The prosecution has failed to prove its case beyond reasonable doubt, there is no independent witness in support of the prosecution case. The finding of the learned trial court does not find support with the oral and medica