JUDGMENT : A. Selvam, J. The convictions and sentences dated 27.10.2006 passed in Sessions Case No. 18 of 2006 by the Additional District and Sessions Judge, Fast Track Court, Tirupattur, are being challenged in the present Criminal Appeal. 2. The case of the prosecution is that the accused 1 and 2, namely, Paramasivam and Sampath are the sons of the third accused, viz, Samudi. The first accused has married the deceased by name Anjala, whereas the second accused has married the another deceased by name Kavitha and from the date of marriage, all the accused joined together and demanded dowry from both the deceased and thereby, tortured them. On 07.03.2001, the first accused has murdered his wife, by name, Anjala. On the same day, the accused 1 and 2 joined together and murdered the second deceased, by name Kavitha and subsequently all the accused have joined together and put the dead bodies in an irrigation well, which situates in the lands of the accused, for the purpose of screening evidence. After occurrence, the father of the deceased Anjala has given a complaint and the same has been registered in Crime No. 154 of 2001. The complaint alleged to have been given by the father of the deceased Anjala has been marked as Ex.P.1. 3. On the receipt of Ex.P1, the investigating officer has taken up investigation and made arrangements to conduct inquest and on that basis PW.17, Revenue Divisional Officer has conducted inquest and his inquest reports are marked as Ex.P.20 and Ex.P.21. The investigating officer has continued the investigation and also made arrangements to conduct autopsy on the body of the deceased. Accordingly, PW.12 has conducted autopsy and he found the following external and internal injuries on the bodies of Kavitha and Anjala. "Post Morterm Certificate In Respect of Kavitha "Injury : Clothes are partly wet; Rigor mortis passed off in both upper limbs; partly present in both lower limbs. Blood escapes from the mouth and nostrils face cyanide and puffy. Eyelids closed; conjunctivas congested, pupils dilated, Venous abrization seen over the chest. Tongue dark in color inside the mouth. Skin of the palms and soles bleached corrugated appearance. Lips are blue. External Injuries : (1) Abrasion over tip of nose 1cm x ½cm. (2) Abrasion alongside the nostrils. (3) Abrasion over whole upper lip. Eyelids closed; conjunctivas congested, pupils dilated, Venous abrization seen over the chest. Tongue dark in color inside the mouth. Skin of the palms and soles bleached corrugated appearance. Lips are blue. External Injuries : (1) Abrasion over tip of nose 1cm x ½cm. (2) Abrasion alongside the nostrils. (3) Abrasion over whole upper lip. (4) Abrasion over lower lip; The inner mucosal surface of lip found to be Abraded from pressure of the teeth. (5) contusion over upper and lower right eyelids extending upto orbital margins 3cm x 3 cm above and below, (6) contusion over upper and lower left eyelids extending to orbital margins 3 cm x 2 cm above and below.(7) sub-conjunctival hemorrhage seen in the left eye; (8) abrasion over the outer margin of the right pinna of the earlobe 1/2 cm in breadth; (9) Abrasion on left earlobe 1/2 cm x 1/2 cm o/d head : skull bone intact ; brain congested; wt: 1200 gram; neck :- Hyoid intact; Thorax ;- Ribs intact,; Lungs : markedly congested showing hemorrhagic patches and exceeding dark fluid blood on section wt. 540 gms, Heart: Rt side full of dark fluid blood and left empty 250 gms; Stomach : distended, O/s. Gas escapes-above 100 ml of light brown coloured TH Small int-distended with gas; contains cream coloured liquid; Liver: darkly congested; 1200 gms Kidney :-darkly congested; 150 gm ; Uterus : Normal in size and empty on section. Genitus normal. Visera preserved and sent for chemical analysis. The deceased appears to have died about 26 -30 hours prior to autopsy." "Post Morterm Certificate In Respect Of Anjala "Injury : Clothes are partly wet; Rigor mortis passed off in both upper limbs; partly present in both lower limbs. Blood escapes from the mouth and nostrils face cyanide and puffy. Eyelids closed; conjunctivas congested, pupils dilated, abraisation of Vein seen over the chest. Tongue inside the mount; dark inn color. Skin of the palms and soles bleached corrugated appearance. Lips blue in colour. External Injuries : 1) Abrasion over tip of nose 1cm x 2cm. 2) Abrasion on the side of upper lip 2 cm x 1/2 cm 3)Abrasion on right side of lower lip 2 cm x 1/2 cm 4)Abrasion on right side of lingual asper of upper lip from pressure of the teeth. Lips blue in colour. External Injuries : 1) Abrasion over tip of nose 1cm x 2cm. 2) Abrasion on the side of upper lip 2 cm x 1/2 cm 3)Abrasion on right side of lower lip 2 cm x 1/2 cm 4)Abrasion on right side of lingual asper of upper lip from pressure of the teeth. 5) Hemorrhage over alveolar gum margin of right side of upper first incisor toom O/D head : skull bone intact ; brain congested; wt: 1100 gm; neck :- Hyoid intact; Thorax ;- Ribs intact,; Lungs: markedly congested showing hemorrhagic patches and exceeding dark fluid blood on section wt. 520 gms, Heart: Rt. Side of heart full of dark fluid blood and left empty 230 gms; And: Distended slightly: Stomach : distended mildly with gas O/s. Gas escapes; contains above 100 ml of light brown coloured TH Small int-distended with gas o/s.gas escapes; contains cream coloured liquid; Liver: darkly congested; 1100 gms Kidney :-darkly congested; 150 gm ; Uterus : Normal in size and empty on section. Genitus normal. Visera preserved and sent for chemical analysis. The deceased appears to have died about 26 -30 hours prior to autopsy." The Post Mortem Certificates are marked as Exs.P7 and Ex.P10. After completing investigation, the investigating officer has laid a final report on the file of the Judicial Magistrate No. 2, Tirupattur and the same has been taken on file in P.R.C. No. 26 of 2005. 4. The Judicial Magistrate No. 2, Tirupattur, after considering the facts that the offences alleged to have been committed by all the accused are triable by Sessions Court, has committed the case to the Court of Sessions, Vellore division and taken on file in Sessions Case No. 18 of 2006 and subsequently, made over to the trial court. 5. The trial court, after hearing arguments of both sides and after considering the relevant documents, has framed first charge against all the accused under Section 4 of Dowry Prohibition Act, second charge against them under Section 498(A) of Indian Penal Code, third charge against the first accused under Section 302 of Indian Penal Code, fourth charge against accused 1 and 2 under Section 302 read with 34 of Indian Penal Code and fifth charge against all the accused under Section 201 of Indian Penal Code and the same have been read over and explained to them. All the accused have denied the charges and claimed to be tried. 6. On the side of the prosecution, Pws.1 to 19 have been examined and Ex.P.1 to Ex.P.26 and M.O.1 to M.O.18 have been marked. 7. When the accused have been questioned under Section 313 of Criminal Procedure Code 1973 as respects the incriminating materials available in evidence against them, they denied their complicity in the crime. No oral and documentary evidence have been let in on the side of the accused. 8. The trial court after hearing arguments on both sides and upon perusing the relevant evidence available on record has found the accused 1 and 2 guilty under Section 4 of Dowry Prohibition Act and sentenced them to undergo 2 years Rigorous Imprisonment and fine of Rs. 10,000/- with usual default clause and they have also been found guilty under Section 498(A) of Indian Penal Code and sentenced to undergo 3 years of Rigorous Imprisonment and fine of Rs. 5000/-upon each with usual default clause. Against the convictions and sentences passed by the trial court, the present Criminal Appeal has been preferred at the instances of the accused 1 and 2 as appellants. 9. The learned counsel appearing for the appellants/accused 1 and 2 has contended with great vehemence that on the side of the prosecution, Pws.1 to 4 have been examined for the purpose of proving the demand of dowry alleged to have been made by the accused 1 and 2 from the deceased and in fact, their evidence is not at all reliable and further on the side of the prosecution, one Natarajan has been examined as PW.5 for the purpose of proving alleged panchayat in between the deceased and accused 1 and 2 and his evidence is not trustworthy and the trial Court, without considering lack of evidence on the side of the prosecution, has erroneously found the accused 1 and 2 guilty under Section 4 of Dowry Prohibition Act and also under Section 498(A) of Indian Penal Code and therefore, the convictions and sentences passed by the trial Court are liable to be set aside. 10. 10. Per contra, the learned Additional Public Prosecutor has contended that apart from the evidence given by Pws.1 to 5, both the accused have given extra judicial confession to PW9 and the same have been marked as Exs.P18 and Ex.P19 and the trial Court, after considering the evidence given by Pws1 to 5 coupled with the evidence of PW.9 and Ex.P.18 and Ex.P19, has rightly found the accused 1 and 2 guilty under Section 4 of Dowry Prohibition Act and also under Section 498(A) of Indian Penal Code and therefore, the convictions and sentences passed by the trial Court are not liable to be set aside. 11. The consistent case put forth on the side of the prosecution is that after marriage all the accused have joined together and made consistent demand of dowry from both the deceased. 12. The prosecution has set the law in motion only on the basis of Ex.P1, the complaint. But, unfortunately, the author of Ex.P1 has passed away and his wife by name Sivakami, who is none other than the mother of the deceased Anjala has been examined as P.W1. The mother of the other deceased Kavitha has been examined as P.W2. The maternal uncle of deceased kavitha has been examined as P.W3 and her maternal grand mother has been examined as P.W.4. 13. The specific evidence given by P.W1 is that her family has owned 7 acres of land and the same has already been settled in favour of the deceased. Even though P.Ws1 to 4 have given evidence in their chief examination to the effect that all the accused have demanded dowry, but, during the course of cross examination, their admission is to the effect that for the first time they deposed such kind of evidence before the Court. Since P.Ws 1 to 4 have given such kind of evidence only before the Court, their evidence cannot be a sole basis for coming to a conclusion that the accused 1 and 2 have committed offences punishable under Sections 4 of Dowry Prohibition Act and 498(A) of Indian Penal Code. 14. Now, the Court has to look into the evidence given by P.Ws.5 to 9 and also Exs.P.18 and Ex.P.19. 14. Now, the Court has to look into the evidence given by P.Ws.5 to 9 and also Exs.P.18 and Ex.P.19. The specific role alleged to have been played by P.W.5 is that Panchayat has been made with regard to the dispute that has arisen between the second accused and deceased Kavitha, wherein compromise has been effected. In fact, P.Ws.1 to 4 have not spoken about the said aspect and since P.Ws1 to 4 have given evidence with regard to the demand of dowry only before the Court, the role alleged to have been played by PW5 does not assume much importance. 15. One Manickam has been examined as P.W.9. The specific case of the prosecution is that both the accused have voluntarily given extra judicial confession statements before P.W.9. But, his specific evidence is that all the statements have been recorded only as per direction given by Sub-Inspector of Police. Since P.W.9 has given such kind of specific evidence, the Court cannot give much credence to Ex.Ps.18 and 19. Therefore, in the light of the discussion made earlier, virtually there is no evidence on the side of the prosecution for the purpose of invoking Section 4 of Dowry Prohibition Act and also section 498(A) of Indian Penal Code. The trial Court, without considering the lack of evidence and also without scrutinising the available evidence on the side of the prosecution properly, has erroneously found the accused 1 and 2 guilty under the said sections. 16. In view of the discussion made earlier, this Court has found considerable force in the contention put forth on the side of the appellants/accused 1 and 2 and therefore, the present criminal appeal is liable to be allowed. In fine, this Criminal Appeal is allowed. The convictions and sentences passed in Sessions Case No. 18 of 2006 by the District and Sessions Fast Track Court, Tirupattur are set aside. The appellants/accused 1 and 2 are acquitted. Bail bonds, if any executed by them, shall stand cancelled. Fine amount, if any, paid by them are ordered to be refunded forth with.