- (1.) Heard the learned Counsel for the Appellant and the learned Counsel for the state.
(2.) The instant appeal is directed against the judgment of conviction dated 08.07.2002 and order of sentence dated 09.07.2002 respectively passed in S.T. No. 211 of 1992 by Shri Sanjay Kumar Chandhariyavi, Additional Sessions Judge, FTC-II, Hazaribag, by which judgment he found the Appellant guilty under Section 304B of the I.P.C. and sentenced him to undergo R.I for ten years.
(3.) It is submitted by learned Counsel for the Appellant that there is no allegation that victim lady was subjected to torture for any demand of dowry. The witnesses have not stated that the time of marriage or thereafter, any demand of dowry was made. The informant has said that before Karma festival they wanted Goat(Khasi) and Ox. Learned Counsel for the Appellant submits that it cannot be connected with dowry rather it was just customary demand for that also there is no allegation that she was being tortured. In that view of the matter, he is relying upon the judgment of Hon'ble Supreme Court in the case of Sunil Bajaj v. State of M.P,2001 SAR 856 in which it is stated that for conviction under Section 304B of the Indian Penal Code the requirements of Section 304B of the IPC must be fulfilled. Accordingly, he submits that conviction of the Appellant under Section 304B of the Indian Penal code is bad in law and fit to be set aside.;