JUDGMENT :

SHREE CHANDRASHEKHAR, J.

1. Against the judgment of acquittal of Nirmal @ Mantu Mahto, Jamni Devi and Bhola Mahto passed in Sessions Trial No. 49 of 2004, the State of Jharkhand has filed this Acquittal Appeal under section 378(1) of the Code of Criminal Procedure.

2. Dugda PS Case No. 46 of 2002 was lodged on the basis of a written report given to the police on 23rd August 2002 by Shishu Mahto who is the father of Mundrika Devi. In his written report, the informant has stated that in the evening of 22nd August 2002 when he came back home, he found that around 05.00 PM Nirmal Mahto had come and left his daughter home. His daughter informed him that her husband was demanding Rs.20,000/-for business and after dropping her there he left saying that he would not come back. The informant has further stated that around 09.00 PM in the night Nirmal Mahto came back and demanded Rs.20,000/-from him and, on his request, he agreed to stay in the night. The informant left home for attending night duty at Madhuban Washery and when came back around 07:15 AM the next day morning his wife informed him that she heard some noises around 04.00 AM coming from the room of the daughter and around 05.00 AM Nirmal Mahto was seen sneaking out of the house. Though his wife offered him tea but he did not stop and left the house. Thereafter his wife started searching for the daughter but could not find her and when he came back home around 07.15 AM and started search for her with co-villagers the dead body of his daughter was found in the well. The informant suspected that on account of non-fulfillment of the demand of Rs.20,000/-and a CD player his daughter was killed by his son-in-law and her dead body was thrown in the well.

3. The dead body of Mundrika Devi was recovered from a well behind the house of Shishu Mahto in village Ratari and the postmortem examination report revealed abrasion around wrist, swelling on the head and two lacerated wounds on her head and forehead. He rendered an opinion that the injuries found on the dead body of Mundrika Devi were caused by hard and blunt object and she died of cardio-respiratory failure due to asphyxia caused by drowning associated with head injury.

4. Dr. Ratneshwar Pd. Verma conducted an autopsy at around 04:30 PM on 23rd August 2002 and found the following antemortem injuries on the dead body of Mundrika Devi:

“(i) lacerated wound of size 2” x 1/2” bone deep in right side of anterior part of the head.

(ii) abrasion of size 1/2” x 1/4” in back of right elbow.

(iii) abrasion 1/2” x 1/4” in back side of left forearm near wrist.

(iv) swelling of size 3” x 2 1/2” in right side of the head.

(v) lacerated wound of size 1”x 1/4” skin deep in right side of forehead.”

5. After the investigation, a charge-sheet was laid in the Court against Nirmal Mahto, Jamni Devi and Bhola Mahto under sections 304-B and 120-B of the INDIAN PENAL CODE . However, the trial Judge having found sufficient materials against them framed a common charge under sections 304-B/34, 302/34, 498-A/34, 120-B of the INDIAN PENAL CODE , and sections 3 & 4 of the Dowry Prohibition Act by an order dated 15th May 2004. The aforesaid charges were explained to them by the trial Judge and they pleaded not guilty and claimed to be tried.

6. Thirteen witnesses came in the dock to prove the aforesaid charges against the accused. The prosecution has laid in the evidence signature of Shishu Mahto over the written report vide Ext.1, signature of Shishu Mahto over the inquest report vide Ext.2, post-mortem report vide