JUDGMENT :

A. K. SHRIVASTAVA, J.

1. Feeling aggrieved by the judgment of conviction and order of sentence dated 18-9-2001 passed by learned Additional Sessions Judge, Gohad, District Bhind in Sessions Trial No. 333/2000 convicting the appellants under section 302 of Indian Penal Code and thereby sentencing them to suffer life imprisonment and fine of Rs. 1,000/- in default thereof to suffer further simple imprisonment of three months, the appellants have knocked the door of this Court by preferring this appeal under section 374(2) of the Code of Criminal Procedure, 1973.

2. In brief the case of prosecution is that on 4-3-2000 at 5:45 hours on the basis of the information received by Assistant Sub Inspector, namely, D. S. Sikarvar given to him by village chowkidar-Kaptan Singh that Kiranbai (hereinafter referred to as the deceased) has received burn injuries, he proceeded to the village where he found that deceased was lying inside of her house. The deceased lodged dehatinalishi to Assistant Sub Inspector. According to dehatinalishi, her parents are the resident of village Bilaspur, police station Hastinapur and she got married to acquitted co-accused Ramkaran 8-9 years prior to the date of incident. It has been further stated in the dehatinalishi that deceased is residing along with the appellant, who is her jeth (husband's elder brother). The husband of the deceased is employed in some private job at Ahmedabad. According to dehatinalishi, deceased went to cut the crop along with her jeth and jethani (appellants) and when she was coming back alone from the field, on the way she met one Chukhru who enquired from her that where is her maalik. On this, deceased replied that they are in the field. It has also been stated in the dehatinalishi that since appellants saw the deceased having conversation with Chukhru, on this point today in the morning they scolded on her that why she was interacting with a village boy yesterday. Thereafter, appellants gave blows of kicks and fists to her. The deceased thereafter went inside the pator and lay down. At that juncture, appellant Naresh by hurling the abuse of mother directed appellant No. 2 Sheela to kill the deceased, as a result of which appellant No. 2 Sheela after pouring kerosene on her lit the match stick and thereafter both of them fled from the place of occurrence. The clothes of the deceased caught the fire flame and although she tried her best to extinguish the fire, but failed, as a result of which she rushed outside of her house and screamed. Thereafter, the inhabitants of the village arrived and extinguished the fire. Her entire body has been burnt. The villagers brought her inside the house and sent the village chowkidar to lodge the report.

3. After noting down the dehatinalishi, thumb impression of the deceased was obtained.

4. After registering the case against appellants and other acquitted co-accused persons, the deceased was sent to Primary Health Center, Maoh, District Bhind from where the Compounder referred her to J. A. Hospital at Gwalior. However, she could not survive and succumbed to the burn injuries on the way to Gwalior.

5. After the death of the deceased, her dead body was sent for post-mortem examination where the Autopsy Surgeon opined that on account of burn injuries the deceased had died.

6. After the investigation was over, a charge-sheet was submitted in the committal Court, which on its turn committed the case to the Sessions Court and from where it was received by the trial Court for the trial.

7. Apart from appellants, two persons, namely, Ramkaran and Munnibai, who are the husband and jethani of the deceased were also tried. The learned Trial Judge framed charges punishable under sections 498-A, 302 and 120-B of Indian Penal Code against the appellants and also framed charges punishable under sections 498-A and 120-B of Indian Penal Code against acquitted co-accused Munnibai and Ramkaran.

8. Needless to emphasise that both the accused persons abjured their