Prosecution must provide sufficient evidence to establish guilt under IPC Sections 304-B and 498-A, otherwise, accusations remain unverified.

1. The instant Criminal Appeal under S.374 of CrPC has been preferred challenging the judgment of conviction and order of sentence dated 26-09-2003 passed by Additional Sessions Judge, Dabra, District Gwalior in Sessions Trial No. 420 of 2002, whereby the appellants have been convicted under S.304 - B, 498 - A of IPC and sentenced to undergo seven - seven years rigorous imprisonment and not sentenced them separately under S.498 - A of IPC.

2. It is not out of place to mention here that connected Criminal Appeal No.543 of 2003 : (AIROnLine 2018 MP 1544) filed by the father - in - law of deceased, namely, Rambharosa has been abated as dismissed vide order dated 23-02-2018 passed by the Division Bench of this Court on account of death of Rambharosa on 06-08-2017.

3. So far as appellant No.1 Jitendra Kumar who is the husband of deceased is concerned, an intimation dated 01-07-2022 has been received from the Superintendent, Sub-Jail, Dabra, District Gwalior mentioning the fact that appellant No.1 Jitendra Kumar has already suffered the jail sentence awarded by the trial Court and therefore, he has been released. Accordingly, his appeal has become infructuous.

4. Now, this Court thinks appropriate to decide the appeal of appellant No.2 Manish alias Banti who is the brother - in - law of deceased on merits after hearing learned counsel for the parties.

5. In brief, prosecution case is that on 15-08-2002, at around 01:00 in the night, Rambharosa, father - in - law of deceased Hemlata gave an information to the police stating therein that his daughter - in - law Hemlata was sleeping in the room of first floor of his house and small children were sleeping on the ground floor. When his daughter Sangeeta went there to wake up deceased by giving an alarm, the deceased did not give any reply and thereafter, she informed that deceased is not speaking anything. Then through torch light he went there and saw that deceased is no more and she has committed suicide by hanging herself. On the basis of such information, merg no.27 of 2002 under S.174 of CrPC was recorded. Panchnama of the dead body of deceased was prepared and thereafter, it was sent for postmortem and as per postmortem report, the deceased died due to asphyxia within 24 hours of the postmortem examination. Merg was enquired and during merg enquiry, statements of maternal side of deceased were recorded in which they alleged that appellant no.2 Manish alias Banti (brother - in - law of deceased), Rambharosa (father - in - law of deceased), appellant no.1 Jitendra Kumar (husband of deceased) and Baijanti Bai (mother - in - law of deceased) used to demand Rs.1 lac and due to non - fulfillment of demand of dowry, they used to make her with cruelty as a result of which deceased committed suicide. The marriage of deceased was solemnized more than four years back. On 15-08-2002 at around 10:00 in the night, report vide Ex.P20 was lodged at Crime 155/2002 for commission of offence under S.498 - A,304 - B of IPC. After completion of investigation and other formalities, charge sheet was filed before competent Court from where the case was committed to the Sessions Court for its trial. After recording the evidence of the prosecution witnesses as well as exhibited documents, the trial Court found the present appellant guilty of aforesaid offence and sentenced accordingly, as mentioned above.

6. It is contended by Shri Goyal that the trial Court has committed an error in passing the impugned judgment of conviction and sentence. The marriage of deceased was solemnized with appellant N