JUDGMENT : Rongon Mukhopadhyay, J. 1. Heard Mr. Mukesh Kumar, learned Amicus Curiae, appearing for the appellants and Mr. Manoj Kumar Mishra, learned A.P.P. 2. This appeal is directed against the judgment and order of conviction and sentence dated 18.06.2012 (sentence passed on 19.06.2012) passed by Shri Ranjit Kumar Choudhary, learned Additional Sessions Judge-I, East Singhbhum at Jamshedpur, in Sessions Trial No. 138 of 2010/ Sessions Trial No. 223 of 2010, whereby and whereunder, the appellants have been convicted for the offences punishable u/s 304B/34 and 498A/34 of the INDIAN PENAL CODE (IPC) as also under Section 4 of the Dowry Prohibition Act and have been sentenced to undergo rigorous imprisonment for life along with a fine of Rs. 10,000/- for the offence under Section 3 04B/34 I.P.C. and in default of payment of fine to undergo simple imprisonment for six months. The appellants have also been sentenced to undergo rigorous imprisonment for two years along with a fine of Rs. 5,000/- for the offence under Section 4 98A/34 I.P.C. and in default of payment of fine to undergo simple imprisonment for four months. The appellants have been further sentenced to undergo rigorous imprisonment for one year along with a fine of Rs. 3,000/- for the offence under Section 4 of the Dowry Prohibition Act and in case of default in payment of fine to undergo simple imprisonment for two months. All the sentences were directed to run concurrently. 3. The prosecution case arises out of the written report of Narayan Das in which it has been stated that the marriage of his daughter Anima Das was solemnized with Daya Nidhi Das about 8 months back. After the marriage Daya Nidhi Das and his family members did not give proper treatment to the daughter of the informant. At the time of marriage Rs. 90,000/- cash and other domestic articles were given as dowry, but the in-laws of the daughter of the informant were demanding a motorcycle. The informant could not fulfill such demand as he was not financially sound. The torture upon the daughter of the informant continued unabated and she was left at the place of the informant. It has been stated that on 14.11.2009, the informant and his wife had taken their daughter to her matrimonial house and requested her in-laws to keep her. Despite not being keen, the in-laws reluctantly agreed to keep her. The torture upon the daughter of the informant continued unabated and she was left at the place of the informant. It has been stated that on 14.11.2009, the informant and his wife had taken their daughter to her matrimonial house and requested her in-laws to keep her. Despite not being keen, the in-laws reluctantly agreed to keep her. Since it was evening the informant and his wife stayed at the matrimonial house of their daughter. At about 3-4 a.m. there was a cry of alarm from the daughter of the informant and when the informant and his wife rushed to the room of their daughter, they found her cloths having caught fire and she was trying to extinguish the fire. The informant and his wife managed to somehow douse the fire and on being asked their daughter had disclosed that her husband and in-laws in order to do away with her life had set her ablaze. In the morning, the informant admitted his daughter in Ganga Narayan Memorial Nursing Home, where she was being treated. Based on the aforesaid allegations Potka P.S. Case No. 77 of 2009 was instituted. On completion of investigation, charge-sheet was submitted and after cognizance was taken the case was committed to the court of sessions where it was registered as S.T. No. 138 of 2010. Charge was framed against the accused under Sections 4 98A/34 , 304B/34 of the I.P.C. and Section 3 /4 Dowry Prohibition Act which was read over and explained to the accused in Hindi to which they pleaded not guilty and claimed to be tried. 4. The prosecution has examined as many as 7 witnesses in support of its case. P.W. 1- Narayan Das, who is the informant and the father of the deceased Anima Das has proved his signature on the written report which has been marked as Ext. 1. His daughter had been burnt to death by her husband and in-laws. At the time of marriage he had given Rs. 90,000/- to Daya Nidhi Das and after marriage, there was a demand of a motorcycle and due to non-fulfillment of which, she was burnt to death. When his daughter was burning, he had tried to save her, as a result of which he suffered burn injuries on his hands and legs. His wife had also suffered burn injuries on her hand in trying to save her daughter. When his daughter was burning, he had tried to save her, as a result of which he suffered burn injuries on his hands and legs. His wife had also suffered burn injuries on her hand in trying to save her daughter. The incident had occurred after 7 months of marriage of his daughter. He has stated that since the demand of motorcycle was not fulfilled, the accused persons had sent his daughter back to his place. He had taken his daughter to her matrimonial house on 14.11.2009 at 4 p.m. It was a Thursday. He had stayed there overnight and on Friday evening there was a quarrel between his daughter and Daya Nidhi. On Friday night after having dinner, he had gone to sleep and later on at 3-4 a.m. he had a sound of alarm of his daughter and when he went to the source of such sound, he found his daughter burning and the in-laws present but no one was trying to save his daughter. He and his wife had tried to save her at which his hands and legs were burnt. In the morning he had taken his daughter for treatment to Ganga Nursing Home where she stayed for 8 days. When his financial resources dried up, he shifted his daughter to MGM hospital, where her treatment continued for 7 days after which she died. In cross examination he has deposed that he, his wife and daughter had gone to the matrimonial house of his daughter on Wednesday at 4.30 pm and on Thursday and Friday, he and his wife were not permitted to leave. The door of the room where his daughter was staying was closed from inside. He and his wife were treated at Ganga Nursing Home. Before the incident, his daughter had never made any complaint against her husband and in-laws either in the Panchayat or at any other place. P.W. 2 Basanti Das is the mother of the deceased Anima Das whose marriage was solemnized with Daya Nidhi Das about 7 months back. Her daughter had been done to death by her husband and parents-in-law. The uncle and aunt of Daya Nidhi Das were also involved in the incident. At the time of the incident, she was in the matrimonial house of her daughter along with her husband. Her daughter had been done to death by her husband and parents-in-law. The uncle and aunt of Daya Nidhi Das were also involved in the incident. At the time of the incident, she was in the matrimonial house of her daughter along with her husband. At about 3-4 a.m., her daughter started shouting to save herself at which she went to the said place and found her daughter burning and all the accused persons standing. She and her husband tried to save Anima Das. Due to such efforts, she had suffered burn injuries on her hands while her husband had suffered burn injuries on both his hands and legs. She and her husband had got their daughter admitted in Ganga Nursing Home where she was treated for 8 days. When the finances dried up, her daughter was admitted in MGM hospital where treatment continued for seven days and ultimately she died. Prior to the incident, the husband and in-laws of her daughter had demanded a motorcycle. Daya Nidhi Das had left her daughter to her place with a promise that once the demand of motorcycle will be fulfilled, he will take her back. She and her husband had taken her daughter to her matrimonial house to get the matter settled and she was staying there when the incident had occurred. In cross examination she has deposed that her son-in-law was also present when her daughter was admitted in Ganga Nursing Home. Her daughter had stayed at Ganga Nursing Home for 8 days. Her daughter was shifted to MGM hospital, where she stayed for 7 days. The statement of her daughter was recorded by the police. When her daughter was burning, the door was closed from inside. The door was pushed open and on entering she had found all the accused persons present. She had not stated before the police that the door was closed from inside and on pushing open the door only her daughter was found present. She had stated before the police about the burn injuries suffered by her and her husband in trying to save their daughter. She had reached the matrimonial house of her daughter on Wednesday evening, stayed on Thursday as well and on Friday night the incident had occurred. She and her husband had their food in the matrimonial house of their daughter. Her son-in-law was happy in seeing her daughter. She had reached the matrimonial house of her daughter on Wednesday evening, stayed on Thursday as well and on Friday night the incident had occurred. She and her husband had their food in the matrimonial house of their daughter. Her son-in-law was happy in seeing her daughter. She cannot say as to whether there was a good relationship between her daughter and son-in-law or not. P.W. 3 Sahdeo Das is the uncle of the deceased who has stated that he had last met Anima Das in Ganga Nursing Home and she had disclosed that her husband set her ablaze. She has stated that Daya Nidhi, Baidyanath Das, Turi Das, Pabitra Devi and Bhadu Nath Das had participated in such act. The in-laws of Anima Das were demanding a motorcycle which could not be fulfilled. The marriage of Anima Das was solemnized 7 months prior to her death. In cross examination he has deposed that Ganga Nursing Home is at a distance of 35 Km. from his village. He had reached Ganga Nursing Home on the second day of the incident. He had not witnessed the incident. His niece had never complained against her in-laws to the villagers. His niece was admitted to Ganga Nursing Home by his sister, brother-in-law and Daya Nidhi Das. When Anima Das had disclosed about the incident to him, the police as well as the doctor were present. P.W. 4 Jaideo Das has stated that Anima Das was his elder sister who was burnt to death by the accused person. He had a conversation with Anima Das in the hospital, where she had stated that she was set ablaze by her husband and in-laws. In cross examination he has deposed that the police had recorded the statement of his sister in the hospital. P.W. 5 Kavita Das is the elder sister of the deceased who was burnt to death by her husband and in-laws. The reason for the occurrence is the non- fulfillment of the demand of a motorcycle. Anima had disclosed to her at Ganga Memorial Hospital that her husband and in-laws had set her ablaze. In cross examination she has deposed that Anima was married in May, 2009. Her sister was never unconscious during the period she was in the hospital. The police and doctor were present when Anima had disclosed about the incident to her. Anima had disclosed to her at Ganga Memorial Hospital that her husband and in-laws had set her ablaze. In cross examination she has deposed that Anima was married in May, 2009. Her sister was never unconscious during the period she was in the hospital. The police and doctor were present when Anima had disclosed about the incident to her. She had visited the matrimonial house of her sister 2-3 times and once she had stayed overnight. She has always been properly taken care of and the entire expenses were borne by Daya Nidhi Das. She used to visit with her husband. P.W. 6 Dr. J. Sriniwas Rao was posted as a Tutor in the Department of Forensic Medicine & Toxicology, MGM Medical College, Jamshedpur and on 30.11.2009 he had conducted autopsy on the dead body of Anima Das and had found the following: Dermoepidermal deep infected burn of front & back abdomen, pelvis, both lower limbs & part of Right upper limbs. Percentage of Burn - About 60%. Injury: (1) Contusion - Right fronto-temporal lobe of Brain. Opinion (1) Burn is Antemortem, (2) Injury is Antemortem & caused by Hard & blunt object, The cause of death was opined to be due to septicemia and toxemia. P.W. 7 Mahendra Bhagat has proved the formal F.I.R. which has been marked as Ext. 3. The endorsement in his written report has been marked as Ext. 1/1. After taking over the investigation of the case, he had recorded the restatement of the informant and had also recorded the statement of the witnesses. He had inspected the place of occurrence which is at village Matku in the house of Daya Nidhi Das. He had thereafter recorded the statements of some other witnesses and had also recorded the statement of Anima Das who had disclosed that the accused persons had set fire on her wearing apparel. He had submitted charge sheet against Daya Nidhi Das, Jadunath Das and Turi Das and supplementary charge sheet against Baidyanath Das and Pabitra Das. He had recorded the statement of Anima Das at Ganga Memorial Hospital on 18.11.2009. He had not obtained any written permission from the Doctor for recording the statement of Anima Das. He had also not obtained a mental fitness certificate from the Doctor prior to recording such statement. The statement of Anima Das was recorded in the presence of her brother and father. He had not obtained any written permission from the Doctor for recording the statement of Anima Das. He had also not obtained a mental fitness certificate from the Doctor prior to recording such statement. The statement of Anima Das was recorded in the presence of her brother and father. None of the witnesses had stated about witnessing Anima Das being set ablaze. Narayan Das had stated that at the time of occurrence, the door was closed from inside and there were nobody present inside except his daughter. He had also stated that the husband of Anima Das and his family members had taken her to the hospital. 5. The statements of the accused were recorded under Section 313 Cr.P.C. in which they have denied their complicity in the commission of dowry death of Anima Das. 6. It has been submitted by Mr. Mukesh Kumar, learned Amicus Curiae that there is no evidence to prove that the deceased was subjected to demand of a motorcycle and as such no presumption can be raised in terms of Section 113B of the EVIDENCE ACT . None of the witnesses have stated that the deceased was subjected to mental and physical torture in connection with the demand of a motorcycle. The prosecution has not examined any independent witnesses and all the witnesses examined barring the Doctor and the Investigating Officer are related to the deceased and are therefore interested witnesses. Despite the fact that the deceased survived for 15 days, but no efforts were made to get her statement recorded. Though PW-1 and PW-2 have stated about their suffering burn injuries while trying to save their daughter, but no injury report has been brought on record, which furthermore falsifies the case of the prosecution. 7. Mr. Manoj Kumar Mishra, learned APP has submitted that all the witnesses have consistently stated about the demand of motorcycle made from the side of the appellants. PW-1 and PW-2 were present in the matrimonial of their daughter when the accused persons had set her ablaze and their evidence categorizes about the role played by the appellants in committing the dowry death of their daughter-in-law. The learned trial court has considered the entire aspects of the case in its proper perspective. 8. We have heard the submissions of the learned counsel for the respective sides and have also perused the trial court records. 9. The learned trial court has considered the entire aspects of the case in its proper perspective. 8. We have heard the submissions of the learned counsel for the respective sides and have also perused the trial court records. 9. It is alleged that Anima Das, the daughter of the informant (PW-1) was set ablaze by the appellant and at that point of time, PW-1 and PW-2 were present in the matrimonial house of their daughter as they had come to leave their daughter at her matrimonial house. PW-1 and PW-2 had made efforts to douse the fire and in course of such attempt, they had sustained burn injuries. Both PW-1 and PW-2 have consistently stated about suffering burn injuries and being treated at Ganga Memorial Nursing Home, where Anima Das was also admitted, but there is no injury report on record to add veracity to the said claim. The Doctor treating them at Ganga Memorial Nursing Home has not been examined and even PW-7 (I.O.) has not whispered about any such burn injuries having been suffered by PW-1 and PW-2. The learned trial court has brushed aside such vital contradictions on the presumption that PW-1 and PW-2 had ignored such injuries because they were minor in nature. The assertion of PW-1 and PW-2 of suffering burn injuries is a chain in the circumstance and of vital importance which cannot be ignored on an assumption which is not based on any sound reasoning. PW-1 and PW-2 have stated that when they woke up in the dead of night due to the cry of alarm of their daughter they had seen her burning and the accused persons standing as mute spectators. PW-2 has stated that the door of the room was closed from inside and even in her statement before PW-7, PW-2 had stated about the door being closed from inside and nobody except the deceased were present inside the room. So far as the demand of a motorcycle is concerned, the evidence on such point is vague and general which would further erode when one considers the fact that the relationship between Daya Nidhi Das and the deceased was cordial and Daya Nidhi Das was happy in seeing his wife when she was brought to her matrimonial house by PW-1 and PW-2 as per the evidence of PW-2. The deceased had never made any complaints to anyone about she being maltreated by her husband and in-laws and in fact the scenario of the case would indicate that the appellant Daya Nidhi Das used to treat his in-laws with respect and love as depicted by PW-5 and even as per PW-1, they had overstayed on account of the insistence on the part of the appellants to stay. This would go to negate the allegation that the deceased was ill-treated at her matrimonial house. 10. The other factor of the case is though the deceased had remained alive for 15 days, but there is no dying declaration on record. PW-7 in his evidence claims to have recorded the statement of the deceased in the hospital, but not in presence of a Doctor and in absence of a mental fitness certificate such vague assertion cannot be relied upon for the purposes of conviction of the appellant. No doubt it is true that the defence would not gain any advantage on account of a faulty investigation, but at the same time what cannot be lost sight of is the fact that there is no evidence worth mentioning from which it would transpire about the involvement of the appellants in the act of committing dowry death. It is true that the deceased had suffered burn injuries at her matrimonial house, but the circumstances clearly indicate that it was accidental and not homicidal. The learned trial court though has accepted some of the contentions of the defence, but at the same time has negated such assertions by giving reasons which are purely presumptive in nature. 11. We therefore on the basis of the discussions made herein above, set aside the judgment and order of conviction and sentence dated 18.06.2012 (sentence passed on 19.06.2012) passed by Shri Ranjit Kumar Choudhary, learned Additional Sessions Judge-I, East Singhbhum at Jamshedpur, in Sessions Trial No. 138 of 2010/ Sessions Trial No. 223 of 2010. 11. This appeal is allowed. Pending I.As, if any, are closed. 12. Since the appellants No. 2, 3 and 4 are on bail, they are discharged from the liability of their bail bonds and so far as the appellant No. 1 is concerned, he is in custody and he is directed to be released immediately and forthwith, if not wanted in any other case. 13. Pending I.As, if any, are closed. 12. Since the appellants No. 2, 3 and 4 are on bail, they are discharged from the liability of their bail bonds and so far as the appellant No. 1 is concerned, he is in custody and he is directed to be released immediately and forthwith, if not wanted in any other case. 13. We take this opportunity to appreciate the efforts put in by Mr. Mukesh Kumar, learned Amicus Curiae to assist the Court and consequently direct the Member Secretary, Jharkhand High Court Legal Services Committee to extend the stipulated fees to him within a period of four weeks from the date of receipt/ production of a copy of this judgment. 16. Office is directed to ensure that the copy of this judgment is supplied to the Member Secretary, Jharkhand High Court Legal Services Committee immediately and forthwith.