16.Further, P.W.2 in her evidence has clearly stated that the deceased daughter has given statement to the law enforcing agency. Even the statement is not marked as exhibit. Without marking the said complaint as well as the statement of the deceased person, it is unsafe to arrive at the conclusion as if the accused demanded dowry from P.W.1. Though the charges were framed for the offences under Sections 304(b), 306, 302 r/w 109 and 498(A) IPC, however, the trial Court acquitted the accused from the offences under Sections 304(b), 306 and 302 r/w 109 IPC. Further, the State has not preferred any appeal against the acquittal of the accused and no cogent reasons were placed before this Court to substantiate the conclusion arrived by the trial Court. In the absence of any materials and evidence, this Court has no hesitation to acquit the accused. Therefore, the judgment and conviction dated 06.12.2014 in S.C.No.38 of 2011 by the learned District Sessions Judge, Mahila Court, Pudukkottai, is set aside and all the accused are acquitted from the charge under Section 498(A) of IPC. Fine amount, if any, paid by the appellants shall be refunded to them. Bail bond executed by the appellants and the sureties shall stand terminated.
