Pritinker Diwaker, J.

This appeal arises out of the judgment of conviction and order of sentence dated 22.8.2008 passed by the Additional Sessions Judge, Bhatapara in ST No.72/2007 convicting each of the appellants under Sections 302/34 & 120B/34 of IPC and sentencing them to undergo imprisonment for life and to pay a fine of Rs.500/- with default stipulation.

2. In the present case, name of the deceased is Rajesh, son of Heeraram (PW-1). Accused/appellant No.1 Premin Bai is wife of the deceased, accused/appellant No.2 Prem Prakash @ Hari is father-in-law of the deceased whereas accused/appellant No.3 Anod Kumar Banjare is brother-in-law in relation of the deceased. As per prosecution case, deceased Rajesh was resident of Village - Thothapur and on 1.1.2007 he came to Village - Bilaidabri to attend the Dashgatra ceremony of elder brother of his father-in-law (appellant No. 2). On 2.1.2007 there were about 15 persons in the house of appellant No. 2, including the appellants, the deceased and the persons engaged for cooking food. It is said that at about 10.30-11.00 pm the deceased went inside the room for sleeping after informing the other inmates and at about 4 am when his son Pravin Kumar (PW-2) woke up, he found that his father was not responding. Thereafter, the deceased was immediately taken to hospital at Bhatapara, however, he was declared dead in the hospital. Unnumbered merg intimation Ex.P/1 was lodged on 3.1.2007 by PW-1 Heeraram, father of the deceased, at Police Station - Pathariya, Distt. Bilaspur and thereafter, merg intimation (Ex.P/35) was recorded on 14.1.2007 at P.S. Bhatapara. After merg inquiry and receipt of postmortem report, on 22.1.2007 FIR (Ex.P/27) was registered under Sections 302 & 201 of IPC against unknown person. In the meanwhile, on 3.1.2007 inquest over the dead body was conducted vide Ex.P/2 and thereafter, the dead body was sent for postmortem which was conducted on the same day by PW-18 Dr. D.R. Singhraul vide Ex.P/23 wherein he noticed injuries/symptoms, as described in the succeeding paragraph, and opined that the cause of death was asphyxia resulting from strangulation (externally compressive pressure around the neck) leading to occlusion of air passage and also due to cardio-respiratory arrest as well as resulting from ingestion of some poisonous substance probably, and the death was homicidal in nature. On 24.4.2007 memorandum of accused/appellant No. 3 Anod Kumar (Ex.P/6) was recorded, based on which hockeystick and BSC powder were seized vide Ex.P/29 and P/20 respectively. As per FSL report (Ex.P/34) insecticide was found in the viscera of the deceased. After filing of charge sheet, the trial Court framed charges against the accused persons under Sections 120B/34, 302/34 and 201/34 of IPC.

3. So as to hold the accused/appellants guilty, the prosecution examined 24 witnesses in all. Statements of the accused were also recorded under Section 313 of Cr.P.C. in which they denied the circumstances appearing against them in the prosecution case, pleaded innocence and false implication. In their defence, they examined one Ramkhilawan as DW-1.

4. The trial Court after hearing counsel for the respective parties and considering the material available on record, by the impugned judgment while acquitting the accused/appellants of the charge under Section 201/34 of IPC, convicted and sentenced them as mentioned above.

5. Counsel for the appellants submits as under:

(i) that the appellants have been convicted solely on the basis of circumstantial evidence but its nature is not as such which can be made basis for their conviction.

(ii) that in the room where dead body of the deceased was found, apart from appellant No. 1 Premin Bai, mother-in-law of and son of the deceased were also sleeping and further, from the evidence of the witnesses it is found that the door of the room was not closed from inside.

(iii) that the house in question is having number of rooms including verandah attached to the b