Judgment D.P.S.Choudhary, J. 1. This appeal has been preferred against the judgment and order dated 17-1- 1996 passed by the 2nd Additional Sessions Judge, Bhojpur at Arrah in Sessions Trial No. 288 of 1992 convicting the appellants under Secs. 304-B/34 of the IPC and sentenced each to them to undergo RI for 10 years. They have been further found guilty under Secs. 498-A/34 of the IPC and sentenced to undergo RI for the three years under Sec. 4 of the Dowry Prohibition Act and sentenced to undergo RI for two years. All the sentences were ordered to run concurrently. 2. The brief facts of the case are that in his fardbeyan lodged with Arrah Town Police Station on 4-6-1991 at 21.15 hours. Md. Ajaruddin, the father of the victim girl alleged therein that on receipt of the information that his daughter Simi aged about 18 years has been burnt to death in her sasural, he rushed to her sasural and found his, daughter dead. It is further case of the prosecution that informants daughter was married to appellant No. 1 Md. Hafiz only, one and half months prior to the occurrence. Right from the date of marriage, there was a demand of golden ring in dowry by his son-in-law and his brother Gorakh (appellant No. 2 and their mother Jahuddi (appellant No. 3) It is further case of the prosecution that informant gave golden ring twice to his son-in-law but he returned back both the rings pointing that it were defective and made another demand of a golden ring. The informants daughter complained to him that she has been regularly tortured in her sasural as the demand of golden ring has not been fulfilled by him. The informant had assured his son-in-law to give the golden ring in near future but it did not satisfy him. The deceased lady has informed her father that she apprehends the danger of her life and requested him to take back from her sasural. 3. It has been further alleged on behalf of the prosecution that on 4-6-1991 in the evening the informant learnt at his shop from one Khauriddin and also from his elder brother Md. Nurul Hode, that his daughter has been killed by burning at the hands of the appellants in her sasural. When he rushed to her sasural he found the burnt body of her daughter being kept on verandah. Nurul Hode, that his daughter has been killed by burning at the hands of the appellants in her sasural. When he rushed to her sasural he found the burnt body of her daughter being kept on verandah. Smell of kerosene oil was coming out from the body of the deceased. The appellants were found absent from the house. The informant learnt that all the appellants have sprinkled kerosene oil on his daughter and thereafter put her on fire. On the basis of the fardbeyan, the case was registered and after investigation charge - sheet submitted and after commitment the trial proceeded in the Court below. During the course of investigation, the I.O. who has not been examined in this case visited the place of occurrence and found plastic jerking and burnt clothes bed - sheet etc. He seized all the articles including the half burnt palang bed - sheet etc. All the articles had smell of kerosene oil. He prepared the seizure-list in presence of the witnesses who have signed over the same and the inquest was prepared on the dead body of Simi Bano in presence of the witnesses and it was sent for post-mortem. After obtaining the post-mortem report the charge - sheet was submitted. Appellant Nos. 1 and 2 were arrested during the course of investigation but appellant No. 3 became absconding. 4. The defence of the accused appellants is that they have been falsely implicated in this case. They have not made demand of golden ring or any dowry or they tortured the deceased. She died due to accidental fire while cooking. 5. On behalf of the prosecution seven witnesses have been examined. PW1 (Nurul Hoda) and PW 2 (Md. Khairuddin) are the witnesses on the point of alleged occurrence. PW 3 (Md. Ajaruddin) is the father of the victim girl and the informant. PW 4 (Md. Ali) has been tendered for cross-examination. PW5 (Saharu Nisa) was declared hostile by the prosecution. PW 6 (Shushil Kumar Rungta) is the doctor who conducted the post-mortem on the dead body of deceased Simi Bano. PW 7 (Murat Ram) is a formal witness who has proved the case diary and the inquest report. The seizure list of the articles seized from the place of occurrence has been marked Ext. 1 and the fardbeyan of the informant is Ext. 2. The post-mortem report is Ext. 3. PW 7 (Murat Ram) is a formal witness who has proved the case diary and the inquest report. The seizure list of the articles seized from the place of occurrence has been marked Ext. 1 and the fardbeyan of the informant is Ext. 2. The post-mortem report is Ext. 3. The case diary is Ext. 4 and inquest report is Ext.5. 6. The evidence of the Doctor (PW 6) and the post-mortem report (Ext. 3) show that deceased had burn injuries on her all parts of body. The Doctor has stated her clothes were partially burnt and there was a smell of kerosene oil. In his opinion all the injuries found on her person were ante-mortem in nature and the cause of death was shock due to excessive burnt injury. He further opined that these injuries were sufficient to cause death in ordinary course of nature. The inquest report (Ext. 5) prepared by the I.O. at the place of occurrence corroborates the evidence of the Doctor that deceased died due to burn injuries and smell of kerosene oil was found present on all the clothes of the deceased and also on other articles such as bed sheet palang etc. In view of the evidence of the Doctor the came of death of the victim lady is proved beyond doubt that she died due to burn injury. The defence has not disputed this fact at she died due to burn injuries. Their only contention is that she caught fire due to accidental fire while cooking and she was not burnt at the hands of the appellants. PW 1 is uncle of deceased Simi Bano. He received information from PW 2 that victim has been burnt to death in her susural PW 2 stated that he reported about the burning of Simi Bano, both to PW 1 and his brother (PW 3) the informant. He had accompanied the informant to the sasural of Simi Bano and saw the dead body lying in burnt condition and Gunny bag was covering her dead body. All the appellants were absent from their house. He felt the smell of kerosene oil from the dead body and also from other articles kept at the place of occurrence. He had accompanied the informant to the sasural of Simi Bano and saw the dead body lying in burnt condition and Gunny bag was covering her dead body. All the appellants were absent from their house. He felt the smell of kerosene oil from the dead body and also from other articles kept at the place of occurrence. He further stated that his niece has told him and his brother (PW 3) that she was being tortured in her sasural because the demand of golden ring was not fulfilled. He further stated that in his presence his brother had given golden ring to his son-inlaw but he returned back the same after about 15 days saying that it was not of pure gold. The informant has assured him to give another golden ring in due course. 7. PW 2 is resident of the village where the deceased died. He learnt at his house that Simi Bano has been burnt in her sasural by the accused-appellants. He rushed to the place of occurrence and saw the girl lying dead due to bum injuries. When he had visited the place of occurrence, he had found the appellants present in the house. He thereafter rushed to the informants house and informed PWs 1 and 3. He is a witness on the seizure-list prepared at the place of occurrence by the I.O. He further stated that I.O. has recorded the fardbeyan of PW 3 in his presence. This witness was declared hostile because in the Court, he supported only first part of the occurrence and disclaimed that he ever stated before the police that he saw the girl burning at the Palang and appellants were present there. 8. PW 3 is the informant and father of the victim girl. He supported his earlier statement made in the fardbeyan He was stated that about one and half months before the occurrence his daughter was married with Md. Hafiz (appellant No. 1) His daughter was aged about 18 years. There as a demand of golden ring by his son-in-law in dowry. His brother Gorakh and mother (Jahuddi) also made regular demand of golden ring. He gave golden ring twice to his son-in-law but he returned back the same saying that it were not of pure gold. He promised to give another golden ring in due course but in the meantime his daughter was killed. His brother Gorakh and mother (Jahuddi) also made regular demand of golden ring. He gave golden ring twice to his son-in-law but he returned back the same saying that it were not of pure gold. He promised to give another golden ring in due course but in the meantime his daughter was killed. He further stated that her daughter told him that she was regularly tortured in her sasural at the hands of the appellants and she apprehends danger to her life. She also requested him to take back her from sasural. 9. On the basis of these evidence the Trial Court has come to the finding that there was demand of a golden ring in dowry by the appellants from the informant, the father of the victim girl. Since this demand was not fulfilled to the satisfaction of appellant No. 1, as such they regularly tortured the deceased. The Trial Court has further come to the finding that all the evidence lead to only one conclusion that victim Simi Bano was done to death by the accused - persons after sprinkling kerosene oil on her body and putting her in flames. The evidence of the Doctor and post - mortem report corroborated by inquest report conclusively proved cause of her death. The Trial Court has disbelieved the suggestion given to the PWs that victim lady died due to accidental fire. The Court has come to the finding that there is absolutely no evidence in support of this defence of the appellants, on the other hand the facts and circumstances lead to the conclusion that she was done to death at the hands of the appellants after sprinkling kerosene oil and put her in flames. 10. The Trial Court has rightly come to the conclusion that when the witnesses arrived at the house of the appellants, they were found absent, which is a circumstance that goes against them. Even the mother-in-law (appellant No.3) was not found in the house. Another circumstance on which the Trial Court has relied is that none of the accused tried to save the accused from burning which would have been their bona fide conduct if she had caught fire accidentally while cooking. None of the appellants got any bum injury including of their finger - tips which was natural, if they had tried to extinguish the fire of the deceased. None of the appellants got any bum injury including of their finger - tips which was natural, if they had tried to extinguish the fire of the deceased. In my view, these circumstances corroborate the evidence of PWs 1, 2 and 3 that Simi Bano was burnt to death at the hands of the accused appellants and -she did not catch fire accidentally. 11. It was submitted on behalf of the appellants that the ingredients to constitute an offence under Sec. 304(B) has not been proved by the prosecution beyond all reasonable doubts. There is no witness to say that in his presence, there was a demand of dowry by the appellants from the Informant including of the golden ring as alleged by the prosecution. There is also no evidence that deceased was subjected to cruelty for the non - fulfilment of demand of dowry by the appellants nor there is any evidence that just before her death, she was subjected to cruelty or tortured at the hands of the appellants. In absence of these evidence, the presumption attached under Sec. 113- B of the Evidence "Act, shall not be applicable against the accused appellants. 12. In reply, the learned APP submitted that there is cogent and reliable evidence adduced on behalf of the prosecution that the husband and other two appellants had regularly made demand of a golden ring right from the date of marriage till her death. The evidence of PW 1, who is uncle and PW 3 the father (informant) are consistent on this point. They are competent witness to depose on the point of demand of dowry. Such demands are not made in public, as such, there was no possibility of corroborating the evidence of PWs 1 and 3 on this point by the other witnesses of the village. The victim Simi Bano died in her sasural, as such, it was not possible for the prosecution to examine any witness of the village on the point of burning or sprinkling of kerosene oil on the deceased. The occurrence took place inside the house of the appellants, as such, the presence of an outsider at the time for occurrence is not possible. In such cases, the circumstantial evidence and the previous conduct of the appellant for demand of dowry plays important role than that of the evidence of eye-witness which is rarely possible in such cases. The occurrence took place inside the house of the appellants, as such, the presence of an outsider at the time for occurrence is not possible. In such cases, the circumstantial evidence and the previous conduct of the appellant for demand of dowry plays important role than that of the evidence of eye-witness which is rarely possible in such cases. The learned APP submitted that admittedly the deceased died within two months from the date of her marriage in her sasural and her cause of death is burning. There is also consistent evidence of PWs 1 and 3 supported by the medical evidence and the inquest report that there was smell of kerosene oil from her body, clothes and from the bed-sheet, etc. which leads to only one conclusion that kerosene oil was sprinkled on her and thereafter, she was put on fire. As such, there are reliable evidence to prove the guilt of the appellants under Sec. 304(B) and also under Sec. 498-A of the IPC and Sec. 4 of the Dowry Prohibition Act; 13. I have carefully scrutinised the evidence as discussed above and after considering the submissions made on behalf of the parties, I find substance in the contentions made on behalf of the APP. The prosecution has been able to prove beyond all reasonable doubts, (i) that Simi Bano died within two months from the date of her marriage in her sasural; (ii) there was a consistent demand of golden ring in dowry by the appellants; (iii) she was regularly tortured at the hands of the appellants for the non fulfilment of demand of a golden ring in dowry; (iv) she was tortured mentally and physically just before her death of which she herself narrated this fact to her father (PW 3); (v) she died due to bum injuries and medical evidence shows that her injuries had smell of kerosene oil including her clothes. Since the prosecution has been able to prove all these facts the presumption is that it is a case of dowry death and the presumption under Sec. 113-B of the Evidence Act is that accused-appellants has caused dowry death of Simi Bano. 14. In the facts and circumstances of the case, I do not find any merit in this appeal, which is accordingly dismissed. The appellant Nos. 14. In the facts and circumstances of the case, I do not find any merit in this appeal, which is accordingly dismissed. The appellant Nos. 2 and 3 are on bail, as such, they are directed to surrender in the Court below to serve out the remaining period of sentence. Appellant No.1 is already in jail custody. The Trial Court shall take steps for the surrender of appellant Nos. 2 and 3, in the Court to serve out their remaining period of sentence imposed against them. 15. Mr. Manoj Kumar. Advocate has appeared as amicus curiae and assisted the Court with all his sincerity. The Legal Aid Committee of the Patna High Court is directed to pay his fees in accordance with law.