ORDER

1. The present appeal is filed under section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment of conviction and sentence dated 6.3.1999 passed by Additional Sessions Judge, Kannod, Dist. Dewas in Sessions Trial No. 122/1998 whereby the appellant has been convicted under section 304-B of IPC and sentenced to RI for 10 years.

2. The prosecution case is that on 5.6.1998, one Babulal had given intimation to Police Station Kantaphod that Gulab Bai wife of Santosh had consumed poisonous substance. She died on the way when she was being taken to Indore. On the said intimation, a Merg No. 12/1998 under section 174 of Cr.P.C. was registered. After recording the statement of mother, father and brother of the deceased, a case was registered against the husband Santosh and 2 other persons: mother-in-law and brother-in-law of the deceased. Since the deceased died because of unnatural death within a period of 5 years of her marriage for demand of dowry and, therefore, offence under section 304-B of IPC was registered in Crime No.95/1998. After the investigation, the chargesheet was filed and the case was committed for the trial.

3. The accused persons abjured their g