- (1.)Both the above titled appeals are arising from the same judgment passed by the learned trial Court, in Sessions Trial No. 18 of 1997, decided on 24th February, 2000, hence taken up together for its decision. The State has filed appeal against the acquittal of Praveen Kumar for the offence punishable under Section 306 of the Indian Penal Code and Parveen Kumar is in appeal against his conviction and sentence under Section 498-A Indian Penal Code whereby he has been ordered to undergo rigorous imprisonment for a period of two years and to pay a fine of Rs. 1,000/- with the default clause.
(2.)Brief facts of the case are as under:
(i) Raksha Devi deceased was married to Appellant Parveen Kumar, hereinafter to be referred as 'the accused' on 10th October, 1992. She gave birth to a male child from the loins of the accused in the house of her parents, where she remained for about 5/6 months.

(ii) It is alleged that her husband did not provide maintenance to her and the child, thus, filed a petition under Section 125 of the Code of Criminal Procedure. She had also alleged maltreatment and torture. An FIR Ext. P.D. was also lodged against the accused on 12th September, 1993 under Section 498-A of the Indian Penal Code in Police Station, Ghumarwin. She had also filed a complaint with the police under Sections 107/151 of the Code of Criminal Procedure apprehending danger to her life from her husband. Police had prepared 'Kalandra' Ext. PF and filed in the Court of Sub Divisional Magistrate. Both the above proceedings were dropped as having been compromised on 22nd September, 1994 on the basis of her statement Ext. P10, assuring her to keep well in future. The order of SDJM, Ghumarwin with respect to dropping of proceedings is Ext. P12.

(iii) It is the case of prosecution that after the marriage the deceased was kept nicely by the accused in the matrimonial house, thereafter he insisted upon her to bring more dowry and cash from her parental house, otherwise she would be done to death.

(iv) On 26th September, 1994, i.e., within seven years of her marriage, she committed suicide by consuming Aluminium Phosphide in her matrimonial home and died next day around 1.45 p.m. in P.H.C., Bharari. Her parents were informed on 1st October, 1994, after cremation.

(v) On receiving the information after her death, P.W. 3 Madan Lal, brother of the deceased, reported the matter to the police. Police recorded his statement under Section 154 of the Code of Criminal Procedure, on the basis of which FIR was registered in Police Station, Bhoranj.

(3.)On 2nd October, 1994, SI/SHO, Police Station, Bhoranj, reached the spot, prepared the inquest papers and sent the dead-body for post-mortem. The vomitance of the deceased was also taken into possession.