This appeal preferred by the appellant/State, under section 378 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 27.07.1993 passed by Sessions Judge, Pithoragarh, in Sessions Trial No. 33 of 1991, State Vs. Girish Singh & another, whereby the learned Sessions Judge has acquitted the respondents-accused Jodh Singh and Girish Singh for the offences punishable under Sections 304-B r/w Section 34 of the Indian Penal Code, 1860 (hereinafter to be referred as IPC) and also u/s 306 IPC r/w Section 34 of IPC.

2. I have heard Sri M.A. Khan, learned Brief Holder for the appellant/State and Sri B.S. Adhikari, learned counsel for respondents and perused the entire material available on record.

3. In brief the prosecution case is that on 5.6.1991, Moti Singh Mehta, Village Pradhan has informed the Patwari, Patti Circle Ghartoli, Tehsil Champawat, District Pithoragarh that on 5.6.1991 in between 10-11 A.M., Ishwari Devi, daughter in law of Jot Singh, has tried to commit suicide in her house. It was also stated that on receiving the information, the life of said woman namely Ishwari Devi was tried to save by breaking the doors, however after some time, that women has died. The said information given by Moti Singh Mehta, Village Pradhan is Ex.Ka-5. On the basis of this information, Patwari P.W.6 Ramesh Chandra Punetha reached on the place of occurrence and started preparing the inquest report on the same day i.e. on 5.6.1991 and the said inquest report was completed on the next day i.e. on 6.6.1991, the inquest report is Ex.Ka-6. (In Rural Hilly Areas of State of Uttarakhand, the Patwaris and certain Revenue Officials are being vested with police powers vide U.P. Govt. Notification No. 494/VIII-418-16 dated 7.3.1916). The Patwari/ I.O. also prepared the Photo Lash (Ex.Ka-7), Police Form No. 13 (Ex.Ka-8) and specimen of seal (Ex.Ka-9). On 6.6.1991, the I.O. also recovered some articles from the place of occurrence and those articles are (1) empty bottle of kerosene oil (2) burnt plastic gallon (3) a wooden cudgel length 2 fts. (4) burnt pieces of clothes-quilt, carpet, mattress, Niwar, Dhoti, pant etc. (5) a pair of half-burnt sleepers (6) hollow side of football pump and (7) ashes of burnt clothes from and thereafter he prepared a Fard of recovery, i.e. Ex.Ka.10. The I.O. also recovered the Roti and vegetables kept by deceased as well as the vomit of deceased from the place of occurrence and after sealing them, he prepared a Fard i.e. Ex.Ka-11. The I.O. further recovered the jewelery of the deceased Ishwari Devi viz. (1) golden Karanphool weighing half Tola (2) golden nose ring weighing 3 Ratti, (3) 2 nickel Bichuwas, (4) 2 anklets of nickel and (5) broken Chateo and after sealing them, Fard was also prepared, i.e. Ex.Ka-12. Ex.KA-13 is the Fard for recovering the Dhoti which was wrapped on the body of deceased after the post-mortem. P.W.5 Yasodh Singh lodged the FIR (Ex.Ka-4) of this case before SDM, Lohaghat with the averments that on 5.6.1991 at about 2:30 P.M., he received information that Ishwari Devi, who was the wife of son of respondent-Jodh Singh and was married about one and a half year back, is ill. On this information, he along with 40-50 villagers reached there and found Ishwari Devi dead and her dead body was lying on the earth. After seeing the dead body, he suspected that deceased has not died a natural death because of the reason that her body was burnt. On this application, S.D.M. Lohaghat directed Naib Tehsildar-I to go on spot and take necessary action. Naib Tehsildar-I, Champawat passed an order to Supervisor Kanungo, Barakot for registering the case and to investigate the crime. On the basis of this, Chik FIR was prepared by Kanungo, Barakot, i.e. Ex.Ka-15. First of all the inquest report was prepared by P.W.6 Patwari Ramesh Chand Punetha, i.e. Ex.Ka-6 and he also prepared Photo Lash, Ex.Ka-7, Police Form No. 13, Ex.Ka-8 and specime