Hon'ble Mr. Justice R.R. Prasad - (1.)HEARD learned counsel appearing for the appellant and learned counsel appearing for the State. Learned counsel appearing for the appellant submitted that the appellant earlier had been acquitted by the trial court on the same charge on which the appellant has presently been convicted. However, revision against acquittal was preferred before this Court by the informant whereby this Court set aside the order and remanded the matter before the trial court for its re -trial. However, the appellant preferred Special Leave to Appeal before the Hon'ble Supreme Court and the Hon'ble Supreme Court remanded the matter before this Court for re -hearing.
(2.)HAVING heard this Court again remanded the matter for re -trial before the trial court. Thereafter the appellant was found guilty for the offences under Section 304(B) as well as under Section 498A of the Indian Penal Code, though there has been absolutely no evidence that soon before the death, demand was put forth by the appellant and thereby the conviction recorded by the trial court is illegal.
2. Further it was submitted that so far viscera report is concerned, it does indicate that Organo Phosphorous Pesticide was found but that viscera report cannot be relied upon as no evidence is there that the report has been submitted upon the same viscera report which had been sent before the Forensic Science Laboratory.

As against this, learned counsel appearing for the State submitted that there has been finding of the court that peace had never been restored between the deceased and the appellant and the demand and torture was persistent and that there has been no reason at this stage to discard the viscera report. Regard being had to the facts and circumstances of the case, I am not inclined to grant bail to the appellant. Hence, the prayer for bail of the appellant is hereby rejected at this stage.