JUDGMENT :

RAMESH SINHA, J.

1. This criminal appeal under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 18.02.2013 passed by the Additional Sessions Judge, Sarangarh, in Sessions Trial No. 99/2000, by which the appellants herein have been convicted for offence under Section 302 of the IPC and sentenced them to undergo imprisonment for life and fine of Rs.25,000/- each, in default of payment of fine, to further undergo simple imprisonment for one year.

2. Case of the prosecution, in brief, is that deceased Yogita Tiwari was married with Yogesh Tiwari (A-1) in the year 1996. After marriage, both spouses led a peaceful life, but after some time the deceased was being tortured for demand of dowry and due to this harassment and cruelty, she was feeling apprehension in her mind. Whenever she used to go to her parental house, she states about the cruel treatment given by the appellants. On 12.12.1998, father of the deceased had gone to meet his daughter where he was ill-treated by in-laws. Seeing the humiliated treatment by her in-laws, she starting weeping and embraced her father that her life was danger and most probably, it would be last meeting between them and thereafter her father returned back to his village. On 08.01.1999 dead body of the deceased found lying in a burnt condition in kitchen of her matrimonial house. Sanjay Dubey (PW-11) has lodged merg intimation vide Ex.P-13 and on the basis of merg intimation, FIR was registered vide Ex.P-16. Spot map was prepared by the investigating officer vide Ex.P-14. Dead body of deceased Yogita was sent for postmortem to Primary Health Centre, Sarangarh vide Ex.P-17, where postmortem was conducted by Dr. Jagannath Sharma (PW-9) vide Ex.P-8 and noticed following features at the time of conducting post mortem examination:

External Appearance

Body lying supine on PM table. All limbs are rigid and flexed at elbow & wrist and at knee also assuming the pugilistic attitude. Tongue caught between teeth. Whole of the body is burned. Many places bones are visible and at places muscles ruptured (Torned) visible. Eyes are close. The signed hair present at occipital region of head. Blackening of body at many places seen. Only skin present at occipital region has got depressed vesication line. Mouth has got red, inflamed like leaves. Hip bones are visible and perineal & buttock area completely burnt. Redness over face and scalp present. Both the legs have visible tibia and attached muscles with redness around it and vessels seen crossing over it. Hands & feet has got visible bones. Cracked tissue seen at many places.

Dr. Jagannath Sharma (PW-9) has opined that death is caused by burn. No definite opinion regarding mode of death, whether suicidal, homicidal or accidental can be given. Time since death is within twelve to forty eight (48) hours prior to commencement of post mortem. Appellant-Ramkumar Tiwari was arrested vide arrest memo Ex.P-21, appellant- Shivkumari Tiwari was arrested vide arrest memo Ex.P-22 and appellant-Yogesh Tiwari was arrested vide arrest memo Ex.P-23. After completion of investigation, charge-sheet was filed before the Judicial Magistrate First Class, Sarangarh, who in turn, committed the case to the Court of Session, Raigarh, from where the Additional Sessions Judge, Sarangarh received the case on transfer for trial. The accused/appellant abjured the guilt and entered into defence.

3. In order to bring home the offence, the prosecution examined as many as 12 witnesses and exhibited 23 documents Exs.P-1 to P-23. Statements of the accused/appellants under Section 313 of the Cr.P.C. were recorded in which they denied guilt. However, the accused took a plea of alibi stating they were not present in the house at the time of incident and were present elsewhere.

4. The trial Court upon appreciation of oral and documentary evidence available on record, by its judgment dated 18.2.2013, while acquitting the appellants for o