Rajendra Chandra Singh Samant, J.

1. This appeal has been preferred against the judgment of conviction and order of sentence dated 13.03.2003, passed by the Learned Third Additional Sessions Judge (FTC), Mungeli, District Bilaspur in Sessions Trial No. 148 of 1997, whereby and whereunder the Learned Third Additional Sessions Judge has convicted the appellants under Sections 498-A/34 and 302/149 of the Indian Penal Code (for short 'the IPC) and sentenced them to undergo RI for one year and imprisonment for life and to pay fine of Rs. 1,000/- each on both the counts, respectively with default stipulation. Deceased - Geeta Bai was wife of the accused Shiv Prasad and appellant No. 1 - Krishna Bai is wife of elder, brother of Shiv Prasad. Appellant No. 2 - Sanat is the elder brother of Shiv Prasad and Appellant No. 3 - Hirau is father-in-law in relation to the deceased. Appellant No. 4 - Smt. Kalash Bai is the wife of elder brother of Shiv Prasad. Appellant No. 5 - Smt. Vaishakhiya Bai is the mother-in-law of the deceased. Appellant No. 6 - Smt. Parwati Bai is the wife of Appellant No. 2 - Sanat Satnami, who is elder brother of Shiv Prasad. Appellant No. 8 - Lakhuram is father-in-law in relation to the deceased. Appellant No. 9 - Hari Ram is the father-in-law of the deceased and one more accused Lakkuram is also father-in-law in relation to the deceased. These appellants were arrayed as accused in the prosecution case. Appellants No. 3-Hirau and No. 9 - Hariram have expired during the pendency of this appeal. Hence, their appeal stands abated.

2. The case of the prosecution in brief is that, about 4 to 5 years prior to the date of incident, marriage of accused Shiv Prasad and deceased Geeta Bai was solemnized. It is alleged that while residing in the matrimonial home, deceased Geeta Bai was subjected to torture by the accused persons. It is also alleged that accused Shiv Prasad had illicit relationship with appellant No. 4-Smt. Kalash Bai and it was the reason that the deceased was tortured mentally and physically and dowry was also demanded from her. On the date of incident i.e. 14.8.1996, it was Holi festival and at about 7:00 pm, the deceased was in the kitchen and her husband Shiv Prasad had been away from home and at that time rest of the accused persons poured kerosene on her body and set her on fire, due to which she got 80% burns. Deceased - Geeta Bai was admitted in District Hospital on 15.8.1996. One information was sent to P.S. Kotwali, Bilaspur vide Ex. P/5. Statement of the deceased was recorded on 16.8.1996 vide Ex. P/3. During the course of treatment, one dying declaration was recorded by the Executive Magistrate, D.R. Khunte (DW-2). Later on, final dying declaration Ex. P/24 was again recorded by the Executive Magistrate, R.P. Tiwari (PW-20) on 21.8.1996 in which deceased - Geeta Bai stated that all the accused persons actively engaged in pouring kerosene on her body and setting fire. Deceased succumbed to the injuries sustained by her on 30.8.1996.

3. Merg intimation Ex. P/6 was recorded by P.S. Pandariya, District Bilaspur. Inquest on the dead body of the deceased was conducted vide Ex. P/2 and postmortem vide Ex. P/8 was conducted by Dr. Nilima Sharma (PW-13) alongwith Dr. K.K. Sharma in which it was opined that deceased - Geeta Bai died as a result of complications from burn injuries. On the basis of merg enquiry, First Information Report Ex. P/6-A was lodged on 3.10.1996 against the accused persons for the offence under Section 306/34. Statements of the witnesses were recorded under Section 161 of the Code of Criminal Procedure, 1973 (for short 'the Code'). After completion of investigation, the appellants and the co-accused were charge-sheeted.

4. The appellants and co-accused persons were charged under Sections 498-A/34 and 302/149 and in alternative Section 304-B of the IPC. The appellants and the