- (1.) Heard learned counsel for the appellant, learned Additional Government Advocate for the State-respondent and perused the record.
(2.) The instant appeal, filed on behalf of the accused-appellant, is directed against the judgment and orders dated 17.10.2011 passed by Sri Anil Kumar, learned Additional Sessions Judge, Court No. 7, Deoria in Sessions Trial No. 166 of 2008 [State Vs. Amar Nath Singh @ Babloo Singh], whereby convicting and sentencing the appellant under Section 498-A IPC for two years' simple imprisonment and to pay fine of Rs.2000/- and in case of default of payment of fine to further undergo six months' additional imprisonment and under Section 304-B IPC for ten years' rigorous imprisonment.
(3.) In support of the appeal learned counsel for the appellant has submitted that all the witnesses turned hostile and the conviction of the appellant has been based on the basis of dying declaration exhibited as Ext. Ka-2/17. He has further submitted that the demand of dowry could not be proved by the prosecution and the dying declaration is silent on that point, for this reason, the appellant could not have been convicted under Section 304-B IPC. In the last he has submitted that the appellant has been confined in jail for last eight years, awarded sentence is to harsh. In case he is found guilty, he may be sentenced for the period already undergone by him.;