Criminal Appeal (SJ) No. 68 Of 1994 ******** Against the judgment and order of conviction dated 23.2.1994 passed in Sessions Trial No. 321/1993 by the learned Additional Sessions Judge XII Patna. ****** 1. DEVENDRA PRASAD S/O LATE FAUDAR SAH 2. RAMPYARI DEVI W/O DEVENDRA SAH BOTH R/O MOHALLA- NURUDEENGANJ, P.S. MALSALAMI PATNACITY, PATNA ……..….. Appellants Versus THE STATE OF BIHAR …..………. Opp. Party with CR. APP (SJ) No. 99 of 1994 NAND KISHORE PRASAD S/O DEVENDRA PRASAD R/O MOHALLA- NURUDEENGANJ, P.S. MALSALAMI, P.O. PATNACITY, PATNA ………..Appellant Versus THE STATE OF BIHAR …..………. Opp. Party ************ For the Appellant : None For the State : Mr. Chaubey Jawahar APP. P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH ********* Anjana Prakash, J. The appellants have been convicted under Section 498A/34 I.P.C. and sentenced to 3 years rigorous imprisonment and further under Section 306/34 I.P.C. and sentenced to 10 years rigorous imprisonment by the Additional Sessions Judge XII Patna in Sessions Trial No. 321 of 1993. 2. The prosecution case is that the informant daughter was married to the appellant Nand Kishore Prasad but unfortunately on account of marital dispute they committed her murder. After close of investigation the appellants was charged under Section 304-B/34 I.P.C. and under Section 498-A I.P.C and also under Section 302/34 I.P.C. 3. During trial the prosecution examined five witnesses but none of them supported the case of the prosecution. 4. However, during trial P.W.1 the informant stated that the deceased was happy in her marital home and in fact she was not burnt by the accused persons. During trial the appellants also brought on record the fact that in fact the husband of the deceased was also burnt in the transaction of the accidental fire which the deceased had caught, while she was cooking and also examined defence witness in this regard. 5. After close of evidence the appellants were convicted under Section 306/34 I.P.C. on the basis of a letter purportedly written by the deceased alleging torture by her in-laws while they were acquitted under Section 304-B and 302/34 I.P.C. even though there was no evidence forthcoming with regard to any abetment to committing suicide since the letter was merely in a form of general complaint. 6. On going through the evidence adduced on behalf of the prosecution there is no evidence which would conclusively prove the guilt of the accused beyond all reasonable doubt. Moreover, the evidence of the father further falsifies the prosecution case. 7. In view of such, the appeal is allowed and conviction and sentenced of the appellants passed by learned Additional Sessions Judge XII Patna in Sessions Trial No. 321 of 1993 by the judgment dated 23.2.1994 are hereby set aside and the appellants are discharged from the liabilities of their bail bonds. Patna High Court, ( Anjana Prakash, J. ) Patna Dated the 28th March, 2011 NAFR/ Fahad.