1. The learned Additional District & Sessions Judge, Fast Track Court-3 Jalaun at Orai has convicted all the four appellants of having committed the alleged offence of murder of one Smt. Priti aged about 20 years, the wife of the appellant Ashok Kumar to whom she was married a year ago. The husband his two brothers Pappu and Prabhat as well as their father Om Prakash had been charged under the offences under Section 498-A read with Section 304 B read with Section 3/4 Dowry Prohibition Act initially, but later on after recording the testimony of the witnesses of the prosecution particularly, P.W.1 to P.W.5 and the Court having declared them hostile at the instance of the prosecution, the charges were altered under Section 302/34 IPC, and consequently all the appellants were tried simultaneously in Session Trial No. 254 of 2009 along with Session Trial No. 255 of 2009, arising out of Case Crime No. 390 of 2009 and were finally convicted with life imprisonment and a fine of Rs. 1000/-. In the absence of deposit of fine, the appellants have to undergo further two months imprisonment.

2. Aggrieved all the appellants have joined together in this appeal and have prayed for setting aside the conviction and sentence awarded to them by the trial Court as mentioned above mainly canvassing that the deceased had committed suicide being frustrated of her ailment and inability to bear a child.

3. The prosecution story in brief is, that information was received at the Police Station through a written report dated 12.07.2009 of Ram Kumar, the village Chaukidar who has been examined as P.W.3 about the incident having occurred at 11:00 am on the same day. On receipt of such information, the Investigation team consisting of the Investigating Officer as well as the constables on duty arrived on the spot whereafter an inquest was carried out which has been exhibited as Ka-9. According to the opinion of the inquest witnesses, the death of Smt. Priti was caused on account of burning. The inquest report gave a description of the status of the site and the burn injuries. The body was sent for post-mortem and a recovery memo was also prepared on the same date which is Exhibit-Ka-14. A site plan was prepared by the Investigating Officer namely the Circle Officer Mr. Arun Sirohi which is dated 16th July, 2009 and was exhibited as Exhibit-Ka-6 on record. The post-mortem was carried out on the next day on 13th July, 2009, and the same is exhibited as Exhibit-Ka-3 on record.

4. The matter was committed to the sessions Court and initially the charges under Section 304-B read with the other sections referred to herein above were framed on 19th January, 2010. However, P.W.1 was examined on 22nd March, 2010, P.W.2 was examined on 31st March, 2010, P.W. 3 Ram Kumar the informant was examined on 1st May, 2010 and P.W.4 was examined on 24th May 2010. Two other prosecution witnesses P.W.5 and P.W.6 were examined on 8th June, 2010.

5. The prosecution made a request for declaring the witnesses hostile and they were declared as such. On their initial statements having been made, the court proceeded to frame the alternate charge under Section 302/34 IPC on 1st July, 2010.

6. Thereafter the deposition of P.W.1 was continued on recall on 25th October, 2010 whereafter the formal witnesses including Dr. Avnish Kumar who carried out the autopsy and the concerned Police Officials including the Investigating Officer P.W.9, P.W.10 were all examined. The Nayab Tehsildar an official of the rank of a executive Magistrate in whose presence the inquest was carried out, came to be examined on 15th January, 2010. On conclusion of the recording of the statements of the prosecution witnesses and after their cross-examination, the statement of the accused under Section 313 Cr.P.C. was tendered on 1st February, 2011.

7. The trial court then proceeded to assess the evidence and concluded that firstly the circumstance of the presence of the body of the deceased inside the premise