This appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (for short Cr.P.C.) is directed against judgment and order dated 03.12.2008, passed by Additional Sessions Judge/I Fast Track Court, Nainital, in Sessions Trial No. 57 of 2007, State vs. Jagmohan Singh Bisht, whereby said court has convicted the appellant Jagmohan Singh Bisht under section 304-B of Indian Penal Code, 1860 (for short IPC) and one punishable under section 4 of Dowry Prohibition Act, 1961, and sentenced the convict to rigorous imprisonment for a period of 7 years (under section 304B IPC), and rigorous imprisonment for a period of 1 year and directed to pay fine of Rs. 2,000/- under section 4 of Dowry Prohibition Act, 1961.

2. Heard learned counsel for the parties and perused the lower court record.

3. Prosecution story in brief is that on 29.11.2002, appellant Jagmohan Singh Bisht got married to Prabha @ Pratibha (deceased), daughter of complainant Ram Singh Adhikari (P.W.1). The deceased used to live in her husband’s house in Haldwani after her marriage. A son was born out of the wed-lock. In the first information report (Ex. A1) complainant Ram Singh Adhikari (P.W.1) has alleged th