Criminal Appeal (SJ) No.241 OF 1994 Against the Judgment and order dated 25.7.1994 Passed by Sri D.N.Prasad, Sessions Judge, Buxar, In Sessions Trial No.20 of 1993. 1.SANJAY KUMAR SINGH SON OF RAM JANAM SINGH, 2.RAM AWDHESH SINGH SON OF RAM JANAM SINGH, BOTH RESIDENTS OF VILLAGE- GOVERDHANPUR,P.S. DHANSOI, DISTRICTRG-BUXAR. Versus STATE OF BIHAR------------Respondents. For the appellant: Sri Kaushal Kumar Jha,Advocate. For the State : P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash,J. The appellants have been convicted under section 304 B of I.P.C. and sentenced to undergo R.I. for five years respectively by a judgment and order dated 25.7.1994 passed by the Sessions Judge, Buxar, in Sessions Trial No.20 of 1993. 2. The case of the prosecution is that daughter of the informant was married with appellant no.1 and she has been killed for dowry. 3. The prosecution examined in all three witnesses out of whom P.W.1 is the informant whereas P.W.2 is a formal witness and P.W.3 is investigating officer. 4. The defence examined D.W.1 who has supported the case that in fact deceased died during the stomach pain. A medical certificate was also proved by defence in this regard as Ext.A. It has been submitted on behalf of the appellant that even 2 P.W.1, the informant stated in his cross-examination that there was no demand of dowry by the accused persons and, therefore, there could be no question of any conviction under section 304 B of I.P.C.Further submission is that in view of certificate and medical report produced on behalf of defence that the deceased died on account of abdominal pain. It is a case of no evidence. 5. On going through the evidence of P.W.1 I find that P.W.1 stated that there was no demand of dowry till gauna was performed and he had not met the deceased after gauna, so, there is no question of informants’ knowing that the deceased had been tortured on account of non-fulfillment of dowry demand, and death was caused for ends of dowry. 6. In the result, appeal is allowed and the order of conviction and sentence passed against the appellants by the Sessions Judge, Buxar, in Sessions Trial No.20 of 1993 by the judgment dated 25.7.1994 are hereby set aside and they are acquitted of their respective charges. The appellants are discharged from the liabilities of their respective bail bonds. The Patna High Court. The Ist April,2011. N.A.F.R./AnilKrSinha (Anjana Prakash,J.)