Hon. Dharam Veer, J.

This appeal, has been preferred under Section 374(2) of the Code of Criminal Procedure 1973, (hereinafter referred Cr.P.C.) against the judgment and order dated 6.10.2001 passed by District and Sessions Judge Nainital, in Session Trial No. 67/2001, State Vs. Ghan Shyam Bhatt and others, whereby the learned Sessions Judge has convicted the appellant under Section 304-B I.P.C. and 498-A of Indian Penal Code 1860 (hereinafter referred I.P.C.) and sentenced 10 years R.I. under Section 304-B I.P.C. and one year R.I. under Section 498-A I.P.C. and a fine of Rs. 1,000/- and in default of fine to further undergo imprisonment for three months. Both the sentences were directed to run concurrently. By this order the learned Sessions Judge has acquitted the accused Govind Ballabh, and Harish Bhatt under Section 304-B I.P.C. and 498-A I.P.C.

2. In brief the prosecution story is this that the deceased Vidhya Devi was married with Ghan Shyam Bhatt in the year 1997. Govind Bhallabh was her father in law and Harish Bhatt was her brother in law. On 31.05.2000 the PW.2 Narayan Dutt has lodged the F.I.R. Ex.Ka-2 to the Patwari Patti Nai, with the information that daughter-in-law of the Govind Ballabh has committed suicide by burning. After that the Patwari has prepared a Panchyatnama on the same day i.e. 31.05.2000 that Panchayatnama is Ex.Ka-3 and the body was sent for the Post Mortem. The Post Mortem was conducted by Dr. A.K. Pant on 1.06.2000 at 2.15 P.M. The Post Mortem report is Ex.Ka-13. Post-Mortem was conducted in the presence of Dr. Rakesh Kumar and Dr. L.M.S. Rawat and Post-Mortem report Ex.Ka-13 was prepared by Dr. A.K. Pant. After that the Patwari has prepared a site plan that is Ex.Ka.9.

3. On 3rd June, 2000 the father of the deceased Ramesh Chand Gunwant has lodged the F.I.R. to the Patwari Patti Nai, Tehsil (Dhari) with the allegations that the deceased Vidhya Devi was married with the appellant Ghan Shyam Bhatt in 1997 and after the marriage the in-laws of the deceased were harassing her mentally and physically and they were demanding dowry time to time. The deceased Vidya Devi told this fact, to the complainant time to time. But the complainant was confident that in-laws of his daughter will take precaution. On 31.05.2000 the complainant had got the information that his daughter Vidya Devi, had died then the complainant had reached to the house of his daughter where he saw the dead body of his daughter and he was confident that his daughter was murdered by his husband Ghan Shyam Bhatt, father-in-law Govind Bhatt, mother-in-law, sister-in-law Kamla, and brother-in-law Tara Bhatt, Harish Bhatt for the demand of dowry.

4. On the basis of the F.I.R. that is Ex.Ka.1 the Patwari PW.4 Harish Chand Joshi has prepared a chick report Ex.Ka.7. At the same time the entry was made in the G.D. the copy of G.D. is Ex.Ka-8, F.I.R. was lodged on 3.06.2000 at 3.15 P.M. After this the investigation was transferred to regular police, and Deputy S.P. Darshan Lal Chitran, PW.5 had started the investigation.

5. Investigation Officer inspected all the documents, inquest report, Post Mortem report, the chick F.I.R. and he has also inspected the spot and prepared the site plan Ex.Ka.10. After recording the statement of the witness and completing the investigation he has submitted the charge sheet Ex.Ka.11 against the appellant Ghan Shyam Bhatt, Govind Ballabh and Harish Bhatt in the Court of Judicial Magistrate Nainital.

6. The learned Judicial Magistrate has committed the case to the Court of Session for the trial on 3.05.2001. The Sessions Judge Nainital has framed charge against the appellant under Section 304-B I.P.C. and Section 498-A I.P.C. along with the other accused Govind Ballabh Bhatt and Harish Bhatt on 26.06.2001. The charge was explained to the appellant who pleaded not guilty and claimed to be tried.

7. The prosecution has examined PW.1 Ramesh Chand Gunwant the father of the deceased. Narayan Dutt PW.2 who has