A.S. Supehia, J.

1. By way of this appeal, filed under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Code"), the appellants-accused have challenged the judgment and order of conviction dated 29.06.2012, passed by learned 4th (ad-hoc) Additional Sessions Judge, Surat, (hereinafter referred to as the "trial court"), rendered in Sessions Case No.228 of 2009, whereby the trial court convicted the appellants-accused under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as the "IPC") and sentenced to suffer imprisonment for life. However, the trial court acquitted the appellants-accused herein of the charges for the offence punishable under section 498A of the IPC and sections 3, 5 and 7 of the Dowry Prohibition Act, 1961.

2. On 03.08.2009, a complaint came to be lodged by deceased-Tarabegum @ Shabana Begum w/o Mohammad Riyaz Masuri Mohammad Sirajuddin Mansuri before the Limbayat Police Station, inter alia, stating that her marriage was solemnized with accused No.1-Mohammad Riyaz Mansuri Mohammad Sirajuddin Mansuri of village Gajiyapur before five years in the year 2004. She was having four children. Out of them three children had died due to miscarriage and presently, her son-Mohammad Varis Mansuri, aged about two years, is alive, who is staying with her. When they came to Surat, the accused caused physical and mental harassment to her and pressurized her to bring color television and motorcycle from her parental home. On 03.08.2009, at about 10.30 hours in the morning, when she was doing cooking, at that time, her husband as well as her mother in law started tormenting her by asking her to bring the television and motorcycle from her parental home. When she responded by saying that from where her parents would bring the same, at that time, both her husband and her mother-in-law got provoked; her husband started beating her, and her mother- in-law poured kerosene on her from the stove, while her husband caught hold of her. Thereafter, her husband ignited match stick and set her ablaze. She has stated that as her body is entirely burnt in the said incident, a 108 ambulance was called; she was admitted at the Smimer Hospital. She has specifically stated that she is lodging the present complaint in presence of her uncle-Mohammad Mumtaj Ali and presently, her condition is normal. Accordingly, a complaint was lodged by the Limbaya Police Station and the same was registered being I-C.R.No.220 of 2009 for the offence under sections 498A, 304B and 114 of the IPC and sections 3, 5 and 7 of the Dowry Prohibition Act.

3. Upon registering the offences under sections 498A, 304B and 114 of the IPC and sections 3, 5 and 7 of the Dowry Prohibition Act against the accused, the investigating officer has carried out the investigation and after following the due procedure of law, a charge-sheet came to be filed before the learned 9th Additional Chief Judicial Magistrate, Surat. Since, the case was exclusively triable by the court of Sessions, after providing papers under section 207 of the Code to the accused, the same was committed to the Sessions Court under section 209 of the Code. The same was registered as Sessions Case No.228 of 2009. The charges vide Exh.4 under sections 498A, 304B and 114 of the IPC and sections 3, 4 and 7 of the Dowry Prohibition Act were framed. The statements of the accused were recorded vide Exh.5 and 6. Thereafter, the learned Additional Public Prosecutor, filed an application vide Exh.8 to add section 302 of the IPC in the charges. Accordingly, the charge was altered to section 302 of the IPC, as the death of the victim-Tarabegum has been occurred. The plea of the accused-appellants were recorded under section 313 of the Code. The accused-appellants pleaded not guilty to the charges and claimed to be tried.

4. At the time of trial, in order to bring home the charges leveled against the original accused, the prosecution examined 20 witnesses as we