Alok Singh, J.

Present appeal is filed against the judgment and order dated 29.07.2003 passed by Sessions Judge, Pithoragarh, whereby appellant was held guilty for the offences punishable under Section 304B, 498A and was sentenced to undergo rigorous imprisonment for 8 years and to pay fine of Rs. 1000/- and in default of making payment of fine to undergo additional rigorous imprisonment of one year under Section 304 B IPC; to undergo rigorous imprisonment of 2 years and to pay fine of Rs. 500/- and in default of making payment of fine to undergo additional rigorous imprisonment of six months under Section 498A IPC.

2. As per the prosecution story, marriage between Kamal Devi (deceased) and Diwan Singh (appellant) was solemnized in the year 1995; out of the wedlock, one baby boy was born; on 11.06.1998, she was found dead in her matrimonial house; dead body was inspected by Patwari Chatra Singh Bora (PW4) on 12.06.1998; inquest report was prepared then and there; as per statement of accused /appellant recorded in the inquest report and opinion of other Panchs, Smt. Kamla Devi has committed suicide by hanging herself; postmortem on the dead body of deceased Kamla Devi was performed on 13.06.1998; as per post mortem report, cause of death was due to asphyxia; PW3 Digar Singh – father of deceased submitted one application before the SDM, Gangolihat, Pithoragarh on 15.06.1998, after four days of the incident, saying her daughter was subjected to cruelty on account of demand of dowry and he has every apprehension that accused persons might have killed her daughter; on the application so moved, under the order of the SDM, chick FIR (Exhibit 11) was got registered with Patti Patwari Bugoli; after completion of investigation, charge-sheet was submitted against the appellant as well as mother and elder brother of appellant namely Ganguli Devi and Fakir Singh.

3. To prove the prosecution story, PW1 Dr. Harish Chandra Pathak, PW2 Dhana Devi mother of deceased, PW3 Digar Singh father of deceased; PW4 Chatra Singh Bora – Investigating Officer, PW5 Anand Ram, PW6 Girish Gunwant, PW7 Dev Ram Tamta another Investigating Officer were examined and thereafter, statement of accused was recorded under Section 313 CrPC.

4. Since appellant was convicted and sentenced as narrated hereinbefore, therefore, he has preferred present appeal.

5. I have heard Mr. R.S. Sammal, Advocate for the appellant and Mr. H.O. Bhakuni, AGA for the State of Uttarakhand and have perused the record.

6. PW2 Dhana Devi and PW3 Digar Singh, mother and father of the deceased, have stated on oath that at the time of marriage, they have given only one pair of golden earring of one tola. They further stated that on several occasions, they have given Rs. 500 and Rs. 1000/- to their daughter in order to meet the illegal demand of dowry raised by accused.

7. Undisputedly, appellant runs a very small tea stall in village Khati – a remote area of District Pithoragarh and the only thing, which was given at the time of marriage, was one pair of one tola golden earrings, therefore, financial status of both the families seems to be very poor wherein demand of dowry and meeting out such demand seems to be highly improbable.

8. This Court should not lose sight of the fact that now it has become the tendency to convert every unnatural death of wife into dowry death, therefore, while hearing the matter of the dowry death, the Court must keep in mind the financial status of the parties to find out the probability of demand of dowry and meeting out demand of alleged dowry.

9. To constitute an offence punishable under Section 304-B IPC, prosecution must allege and prove that the deceased was subjected to cruelty on account of demand of dowry.

10. In the present case, keeping in mind the lowest financial status of both the families, the demand of dowry seems to be highly improbable.

11. To constitute an offence punishable under Section 498A IPC, the only evidence available on record is that appel