Arvind Singh Chandel,J. - (1.)The instant appeal has been preferred against the judgment dated 29.7.2000 passed by the Additional Sessions Judge, Bemetara, District Durg in Sessions Trial No.352 of 1997, whereby the Appellant has been convicted and sentenced as under:
Conviction Sentence

Under Section 306/34 of the Indian Penal Code Rigorous Imprisonment for 5 years and fine of Rs.500/- with default stipulation

(2.)Prosecution case, in brief, is that deceased Kunwariyabai, a married woman was residing with her parents after leaving her husband and used to work at the house of the Appellant. Illicit relationship developed between the Appellant and the deceased and as a result thereof the deceased got pregnant. The Appellant took her to Delhi. Out of their relationship, one son Karan took birth. Thereafter, they returned to the village. The Appellant was already married. Therefore, the deceased started living with him at his house as his second wife. She again got pregnant. Then the Appellant and his family members started pressurising her for abortion. She told them that she will get herself sterilised after delivery of the second child. Then the Appellant and his family members tortured and harassed her and they also beat her. Due to that, on 21.4.1997, the deceased hanged her son Karan and killed him and she also committed suicide by hanging herself. Morgue was lodged. Thereafter, on the basis of morgue inquiry, First Information Report was registered. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellant and his father Bhauram and younger brother Hem Prasad. Charges were framed.
(3.)In support of its case, the prosecution examined as many as 8 witnesses. In examination under Section 313 of the Code of Criminal Procedure, the Appellant denied the guilt and pleaded innocence. 2 witnesses, namely, Krishna Kumar (DW1) and Komal Singh (DW2) have been examined in defence.