Hon’ble Arvind Kumar Tripathi, J.—The present appeal has been preferred by the appellants Ram Swaroop and Munnu Maharaj against the judgement and order dated 25.9.1982 passed by Sessions Judge, Lucknow in S.T. No. 193 of 1982 arising out of Crime No. 78A/1981, Police Station-Sahadatganj, District Lucknow, whereby the accused Ram Swaroop was found guilty under Section 302 and Munnu Maharaj was found guilty under Section 302 read with Section 34 I.P.C. and both were sentenced to undergo imprisonment for life.

2. The prosecution story unfolded as per F.I.R. and as per the prosecution case is that Nand Kishore, brother of the deceased lodged the written report before the Station Officer, Police Station-Sahadatganj, Lucknow stating that his younger sister Smt. Munni was married to Becha Lal 7 to 8 years prior to the occurrence. After sometime Becha Lal starting maltreating Smt. Munni. She was also assaulted by the family members of Becha Lal. About 3 or 4 months prior to the occurrence Smt. Munni was suffering from Scrofula disease (Kanthmala), but instead of getting her treatment, she was being beaten by Becha Lal. He also used to threaten to kill Smt. Munni. Becha Lal wanted to get rid of Smt. Munni, so that he could get re-married. He used to beat Smt. Munni and wanted to throw her out of his house. When Smt. Munni refused to go then in the intervening night of 27/28 February, 1981 Bechal Lal, Ram Swaroop and Munnu Maharaj who are all neighbours sprinkled kerosene oil on her and set her ablaze. She was in a serious condition, hence F.I.R. was lodged.

3. On the basis of F.I.R., chick report was subscribed by Head Constable Krishna Kumar Shukla, who further entered the details of the case in the G.D. and proved them as Exhibit Ka-6 and Ka-7. Station Officer, P.W. 8 R.K. Mishra was interested the investigation, he went to the medical college and collect the inquest report, which was proved as Exhibit Ka11. The body of the deceased was kept in the mortuary under the supervision of Constable Suresh. On 4.4.1981 the I.O. obtained the dying declaration of Smt. Munni recorded on 28.2.1981. On the same day he converted the case from Section 307 to Section 302 I.P.C.

4. On 30.3.1981 the I.O. recorded the statement of informant Nand Kishore, witness Ram Prasad and Dhani Ram. On 1.4.1981 he inspected the spot and prepared the site plan and proved it as Exhibit Ka-12. On the same day, the statement of Ghuru was recorded. The I.O. wanted to record the statement of Smt. Munni, but she was serious and was unable to speak, thus, her statement could not be recorded. On 11.4.1981 the statement of Vidya Devi, Shanti Devi and Shavitri and sister-in-law of the deceased was also recorded. After the investigation the charge-sheet was submitted against the accused person and was proved as Exhibit Ka-13. The postmortem of the deceased was conducted by Dr. R.P. Maurya, Medical Officer, State Blood Bank, Lucknow on 4.4.1981. He found the following ante mortem injuries on the body of the deceased :

(i) Burn area on left lower extemity extending from anterior iliac spine upto left anke joint. Sepsis present. Burn present all round.

(ii) Burn area on right lower extending on medial side of thigh, extending grown to 16 cm below the popliteal fossa. Se-pis present.

(iii) Burn area on right leg 12 cm x 6 cm on the back & medial aspect upto right ankle joint. se-pis present.

(iv) Perineum is burnt & sepsis present.

(v) Both hips are burnt & sepsis presen.

(vi) Burn area on left forearm 21 cm x 9 cm on the medial & posterior aspect. Sepsis present.

(vii) burn present on the dorsum of left hand including fingers & thum sepsis present.

5. On external examination the Doctor found that Rigor Mortis had passed off from both the extremities. PM Staining was present on the back. The Pleura, Trachea, Larynx, and Kidney were also found congested, abscess was present in the body. The Small Intestine was filled with gases and fluid. The Large Intestine was containing