1. - Challenge in this appeal is to the judgment dated July 30, 2002 of 1 the learned Additional Sessions Judge Fast Track Tonk whereby the appellants, eight in number, were convicted and sentenced as under :

Soojya @ Suraj, Badri, Panchu, Suresh, Kedar, Ramu, Hanuman and Prabhu :

U/s. 302 read with 149 & 120B IPC :

Each to suffer imprisonment for life and fine of Rs. 100/-, in default to further suffer simple imprisonment for three months.

U/s. 147 IPC :

Each to suffer rigorous imprisonment for two years.

U/s. 342 IPC :

Each to suffer rigorous imprisonment for one year.

U/s. 323 read with 149 IPC :

Each to suffer rigorous imprisonment for one year.

Substantive sentences were ordered to run concurrently.

2. It is the prosecution case that on June 21, 2001 informant Surgyan (Pw.5) submitted a written report (Ex.P- 10) at Police Station Shivdaspura Jaipur to the effect that the informant lived in village Dayalpura with his mother, sisters and brothers. His father, who was alcoholic, lived separately from them. In order to extract money, his father used to visit his mother and indulge in physical abuse in the event of money not given to him when demanded. His sister Moti aged 18 years had come back from her matrimonial home for a short stay and was residing with them for the last about two months. She was to return her matrimonial home shortly. On June 18 around 11.30 PM about ten persons namely Surja, Suwa Lal, Panchu, Suresh, Badri, Kedar, Ramu, Hanuman, Mangal Ram and Prabhu Narayan (father of informant) came to his house, gave beating to his mother and took Moti with them in a jeep and burnt her to death at Akodia, her husband's house. On that report a case was registered under sections 143, 323, 365, 302, 201 and 120B IPC and investigation commenced. Dead body was subjected to autopsy, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge Fast Track Tank. Charges under sections 147, 365, 323, 302/149 and 120B IPC were framed against the 35 appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as may as 31 witnesses. In the explanation under Section 313 Cr.P.C., the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated herein above.

3. learned counsel for the appellants while assailing the impugned judgment took us through the material on record.

4. It could not however be established beyond reasonable doubt that death of Moti was homicidal in nature. As per Post Mortem report (Ex.P-23) all the muscles of upper & lower limbs were charred completely but muscles of left thigh were not charred. Muscles of face, neck and back were charred. Nasal Bones, Jaw bones, both hand's bones Rt. forearm bones, both legs bones and all bones of feet were charred including their joint. In the opinion of Dr. Krishna Kant Vijay (Pw.19) the cause of death was shock due to 100% burns. No smell of kerosene or petrol was found on the dead body. Dr. Vijay in his cross examination categorically deposed thus :

"blds 'kjhj ij bl izdkj dh tyus ls fLFkfr fdlh NIij iks'k edku esa vkx yx tkus ls bl izdkj ls vkSjr ty ldrh gSA"

5. It also appears from the material on record that telephonic information was received by Ashok Butoliya (Pw.27) SHO PS Niwai at 5-15 AM on June 19, 2001 that fire broke out in the house of Suresh Balai of village Akodia as a result of which a woman got burnt and died. SHO recorded the message in Rojnamcha (Ex.P-42) and proceeded to the spot where he found three chappars (temporary shade of the house made of sticks and grass) gutted with fire. All the house hold goods were also burnt. Dead body of Moti badly burnt was lying in a room. Prabhu, father of Moti, and her husband Surja were present at