atmosphere. Each one has got no grievance. No demand of dowry was there nor she was ever tortured on that pretext. PW5, the I.O. as is evident, during course of inspection of the P.O., more particularly, the place where the dead body is said to have burnt, recovered some articles, which are as per seizure list (Exhibit-2) bamboo (Pasi) Pauwa of the khatia, one spade, burnt rim of tyre, ashes, small bones for which, there happens to be no evidence whether it was of female or male (by scientific examination) nor any of the witness pointed out to be the place where deceased was burnt in haphazard manner. From perusal of the judgment impugned, it is evident that irrespective of finding of the learned lower Court that witnesses were declared hostile as they failed to substantiate the prosecution case, the learned lower Court had taken into consideration the contents of the written report, which in worst case, could be used for the purpose for corroboration or contradiction and in likewise manner, statement under Section 161 of the Cr.P.C., which is also to be treated in the same manner and that being so, the judgment impugned as is evident, is not based upon the legal evidence.
