Judgment By Court.- All the appellants stand convicted for the offences punishable under Sections 498A and 304(B)/34 of the Indian Penal Code and sentenced to serve rigorous imprisonment for three years and ten years respectively, by the 1st Additional Sessions Judge, Giridih in Sessions . Trial No. 63 of 1998/29 of 1998. 2. Brief facts leading to this appeal are that appellant Mithu @ Mithlesh Rout was married with Radhiya @ Radha Devi, daughter of informant Bhikhan Mahto (P.w. 1) in the year 1993. According to the informant, he spent Rs. 26,000/- during marriage; however, it did not satisfy the appellants. It was further alleged that after sometime all the appellants started demanding Rs. 10,000/- from him, which could not be fulfilled. The deceased usually complained that she was being ill-treated, assaulted for non-fulfillment of dowry demands. He has specifically alleged that only one year before this occurrence, she was branded with hot iron rod on which he protested but the appellants threatened him. Further case of the prosecution is that on 4.9.1997, the informant arrived at the house of the appellants to take his daughter for Karma festival when he was again asked to pay Rs. 10,000/- as dowry demands. According to P.w. 1, in the night at 12.00 P.M., he was informed by the appellants that his daughter was missing though she has served him food at 8.00 P.M. The informant tried to search his daughter, but could not locate her. On next day, 5.9.1997 in the afternoon, appellant Sahdeo Rout suggested to him that she might have gone to her Naihar and tried to extract his signature on a plain paper which was refused. Next day on 6.9.1997, it came to his knowledge that Radhiya has not reached her Naihar and all the appellants again tried to get his signature on plain paper but anyhow he could manage to leave. He arrived at Mahuatand his native place and went back on 7.9.1997 alongwith one Jageshwar Prasad Yadav to find that the dead body of his daughter was floating in a well situated in Soniya Bahiyar. The police arrived at the well and recorded his fardbeyan. 3. On the basis of which, Hirodih Police Station Case No. 40 dated 7.9.1997 under Sections 304B/498A/201/34 of the Indian Penal Code was registered against the five named persons. The police arrived at the well and recorded his fardbeyan. 3. On the basis of which, Hirodih Police Station Case No. 40 dated 7.9.1997 under Sections 304B/498A/201/34 of the Indian Penal Code was registered against the five named persons. The police prepared inquest report, sent the dead body for post mortem examination and completed the investigation to finally submit charge-sheet against the appellants. The trial of the appellants was committed to the Court of Sessions where charge was framed against all of them for offence under Sections 498A, 201 and 3048/34 of the Indian Penal Code. The appellants pleaded not guilty and claimed false prosecution. However, the learned trial court after examining the witnesses found and held all of them guilty and sentenced them to serve rigorous imprisonment as stated above. 4. This appeal has been preferred by the appellants on the grounds that the learned trial court has not considered the materials on record properly. It is also asserted that the conviction is based upon the sole evidence of the informant, as other witnesses have turned hostile. According to Mr. S.K. Ughal, learned counsel appearing on behalf of the appellants, the statement of P.w. 1 is also contradictory and deserves to be rejected as he tried to implicate all the appellants though they were not in any way connected with the dowry demands. According to learned counsel, the story that he was confined in the house of the appellants for two days itself makes the whole prosecution story doubtful. In this context, the statement of D.W. 2 Jageshwar Prasad Yadav is cited. It is also submitted that even the inquest report prepared by the police has not been supported by P.w. 2, P.w. 5 and P.w. 6. Learned counsel further pointed out that the description of the dead body given by P.w. 1 has not been supported by P.w. 4, the• investigating officer in this case. Learned counsel further pointed out that the informant has failed to connect the dowry demands with other appellants except the husband. Therefore, the conviction of the appellants be set aside and the appellants be acquitted of the charges. 5. I have anxiously considered the submissions made on behalf of the appellants alongwith the materials on records. It is undisputed fact on records that deceased Radhiya was married for only four years before her dead body was recovered from well situated in field. 5. I have anxiously considered the submissions made on behalf of the appellants alongwith the materials on records. It is undisputed fact on records that deceased Radhiya was married for only four years before her dead body was recovered from well situated in field. According to investigating officer (P.W. 4), the well belonging to Mathura Pandey was situated at a distance of half kilometer from the house of the appellant vide paragraph-5. He has proved the inquest report prepared in presence of prosecution witnesses and D.W. 2. The fact that the dead body of Radhiya was recovered from well and sent for post mortem examination by the investigating officer in this case has not been disputed. The investigating officer during cross-examination asserted that the dead body was tied with five bricks, which was also sent by him to the doctor. P.w. 3, the doctor has mentioned that he untied five bricks from the Saree of the dead body and handed it over to the police constable. P.w. 3 having conducted the post mortem examination on the dead body has opined that the time elapsed since death about three-four days indicating therein that the death might have occurred in the night of 4/5.9,1997, Therefore, the post mortem report supports the version of the informant that his daughter was missing from the night of 4.9.1997. 6, Appellant No. 1 Mithu @ Mithlesh Rout was admittedly husband of the deceased whose dead body was found in mysterious circumstances in a well situated at a distance of half kilometer from the house, The dead body is further found tied with five bricks. The doctor has opined that death has not occurred due to drowning, though he could not pinpoint the cause of death. I have minutely gone through the post mortem report (Ext. 3) and the evidence of p,w. 3, it shows that blood discharge seen coming from mouth and nostril of the deceased. The feacal were also present at the back of the dead body alongwith five bricks tied with Saree. The appellants have not explained under what circumstances the deceased reached near the said well at a distance of half kilometer. 3) and the evidence of p,w. 3, it shows that blood discharge seen coming from mouth and nostril of the deceased. The feacal were also present at the back of the dead body alongwith five bricks tied with Saree. The appellants have not explained under what circumstances the deceased reached near the said well at a distance of half kilometer. The learned trial court has considered all these aspects at length vide paragraph-9 of its judgment and considered the defence version that unless demand of dowry was proved beyond doubts, presumption under Section 113B of the Indian Evidence Act to convict the appellants under. Section 304B of the Indian Penal, Code was missing. The learned trial court has discussed all these aspects vide paragraphs-20 to 26 of the impugned judgment I find that the reasons proved by the learned trial court based upon evidence available on the records. The informant, pw. 1, has not supported by D.W. 2 as he has been gained over. Then other charge-sheeted witnesses examined before the trial court are of the same village who are, only the witnesses on the recovery of the dead body. 8. Therefore, the suggestion that prosecution story of dowry demands is not acceptable appears far-fetched. The informant being father of the deceased has categorically stated that the demands were made from him and as a result of which Radhiya was murdered or found dead in an unnatural circumstances. Therefore, the onus has shifted upon appellant Mithu @ Mithlesh Rout, the husband of the deceased under what circumstances, the dead body was found inside the well on 7.9.1997. It is found that even during cross-examination of Pw. 1 and the statement under Section 313 of the Code of Criminal Procedure all these appellants, no explanation has been given. Learned counsel for the appellants suggested that the lady might have fallen accidentally, which is apparently not tenable particularly when five bricks were found tied with her saree by the investigating officer and the doctor. As such, I find that appellant Mithu @ Mithlesh Rout has rightly and properly been found and held guilty for the offence under Sections 498A and 3048 of the Indian Penal Code. 8. As such, I find that appellant Mithu @ Mithlesh Rout has rightly and properly been found and held guilty for the offence under Sections 498A and 3048 of the Indian Penal Code. 8. However, the prosecution has not been able to bring home any of the charges, demand of dowry, consequentially torture for non-fulfillment of it by other appellants who are only related with the husband of the deceased. It has also come on record that they were separate in mess. There is no material on record as to what part they have taken during torture of the deceased as well as her killing. I, therefore, find and hold that the prosecution has not been able to prove beyond doubts the charges against all the appellants except appellant Mithu @ Mithlesh Rout. 9. Accordingly, in the facts of this appeal, the judgment of the trial court convicting the appellant nos. 2 to 5 is hereby set aside. They are acquitted from the charges levelled against them and discharged from the liabilities of their bail bonds. 10. Learned counsel for appellant Mithu @ Mithlesh Rout submitted that he has already remained in custody from September 1997 to June 2004, nearly seven years against the sentence of ten years. Therefore, the sentence of the appellant may be modified to the period already undergone. Learned A.P.P for the State opposed these contentions. 11. h the facts and circumstances of this case and the manner in which the deceased was subjected to torture for dowry and finally killed, I am not inclined to interfere with the sentence passed by the learned trial court against him. As such, he is directed to surrender before the court below for serving out the remaining part of the sentence, failing which the learned trial court shall take all coercive steps for his arrest. 12. In the result, this appeal is allowed in part as indicated above.