Criminal Appeal (SJ) No.120 OF 1994 (In the matter of an application under Sections 374(2) and 389 of the Code of Criminal Procedure) 1. SUSHIL SINGH, SON OF FAKIRA SINGH 2. SUMITRA DEVI, WIFE OF FAKIRA SINGH BOTH RESIDENTS OF MOHALLA – GOSHALA ROAD, P.S. & DISTT. – SITAMARHI ----- APPELLANTS. Versus THE STATE OF BIHAR ---------RESPONDENT ------- For the Appellants : Mr. Prasoon Sinha, Advocate. For the State : Miss. Veena Kumari Jaiswal, A.P.P. --------- P R E S E N T THE HON'BLE JUSTICE SMT. ANJANA PRAKASH Anjana Prakash, J: Heard. The Appellants have been convicted under Sections 498A & 304B read with Section 34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act and sentenced to rigorous imprisonment for six months, seven years and three months respectively by the Judgment dated 16/18.4.1994 by the Second Additional Sessions Judge, Sitamarhi, in Sessions Trial No. 261 of 1993/71 of 1993. The prosecution case is that the sister of the Informant was married about a year back to the Appellant No. 1 but for reasons of dowry, she was murdered by her in-laws. During trial, the prosecution proved seven witnesses out of whom PWs-1, 2 and 4 are merely residents of the neighbourhood who rushed to the place of occurrence on hearing the cries of the deceased and that after the accident, she 2 was taken to the Hospital by the Appellants and other family members. PW-2 further said that the deceased was stating that she had been accidentally burnt which fact is also corroborated even by PW-4. PW-6 who is the Informant and PW-5 the father of deceased both stated that there was no demand of dowry nor did the deceased ever complain of any ill-treatment by her in-laws. It has been submitted on behalf of the Appellants that it is a case of no evidence and apart from mere speculation about deceased had been done to death by her in-laws, there is no cogent proof of the same nor could the onus be shifted on the Appellants in view of the evidence of PWs-5 and 6 that there was no demand of dowry by the in- laws before the death of the deceased. Considering the said arguments, the Appeal is allowed. The order of conviction and sentence passed against the Appellants in Sessions Trial No. 261 of 1993/71 of 1993 by the 2nd Additional Sessions Judge, Sitamarhi, is hereby set aside. The Appellants are discharged from the liability of their bail bonds. Patna High Court, Patna Dated, the 29th March, 2011 NAFR/S.ALI ( Anjana Prakash, J.)