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PETITIONER: PRABHUDAYAL AND OTHERS

       Vs.

RESPONDENT: STATE OF MAHARASHTRA

DATE OF JUDGMENT14/05/1993

BENCH: YOGESHWAR DAYAL (J) BENCH: YOGESHWAR DAYAL (J) KULDIP SINGH (J)

CITATION:  1993 AIR 2164            1993 SCR  (3) 878  1993 SCC  (3) 573        JT 1993 (4)   475  1993 SCALE  (2)941

ACT: % Indian  Penal Code 1860-Ss. 302, 498A, 201 read with 34  and S.  306 read with 34-Burning of young married  woman-Whether death   by  burning  or  strangulation-Whether  suicide   or homicide-Held,   facts  indicate  homicide,  and  death   by strangulation preceding burning. Circumstantial    Evidence-Held,   cumulative   effect    or circumstances  negatives  innocence  of  father-in-Law   and husband--Mother-in-law   and  Sister-in-law  may  not   have participated, hence, acquitted.

HEADNOTE: Sangita  was married to accused 2 on 28th April,  1984.   In the  intervening night of 14115 September 1984, the  accused found  Sangita burning.  Sangita’s body suffered 100%  burns and  the  smell  of kerosene was noticed even  in  the  spot panchnama.   There had been problems relating to dowry,  and she  had  complained of ill-treatment and  of  being  beaten because of failure to pay the dowry amount. The  trial judge acquitted accused 1-4 - her  father-in-law, husband, mother-in-law and sister-in-law respectively. The  High  Court  examined  the  evidence  a  fresh,   while castigating  the trial judge for having gone merely  on  the statement  of the Public Prosecutor that only a  case  under Ss.  306,  498-A  and  34 was  made  out.   The  High  Court Convicted  the accused under S.302 r/w 34, S.201 r/w 34  and 498-A r/w 34. Partly dismissing the appeal, this Court.. HELD: 1. It was a case of murder and not suicidal death. It  is  not  possible that there were no  ’cries’  from  the deceased  while she was burning.  This is not possible  even in a case of suicide. Some  of the symptoms of internal and external injuries  are common in 879 case  (if strangulation and burns.  But some  symptoms  that occur  in  the  case of strangulation, and not  in  case  of burns, are present in this case. Dr.  K.S. Narayan Reddy, The Essentials of Forensic Medicine and Toxicology 6th edn. p. 55, relied on.

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2.   The  prosecution rests its case only on  circumstantial evidence.   Therefore,  it  is  necessary  to  examine   the impelling  circumstances  attending  the  case  and  examine whether   the  cumulative  effect  of  those   circumstances negatives  the  innocence of the appellant-,; and  serves  a definite pointer towards their guilt and unerringly leads to the  conclusion that with all human probability the  offence was committed by the appellants and none else. State of U.P. v. Dr. Ravindra prakash Mittal, JT(1992) 2  SC 114 at 121. applied. Taylor, Medical jurisprudence, relied on. On   an   appreciation  of  the  circumstances   which   arc established  as  being closely linked to  one  another,  the complicity of appellants 1 and 2 is not in doubt.  But it is not  necessary that appellants 3 and 4 also participated  in the  murder of the deceased.  They are given the benefit  of doubt and accordingly acquitted.

JUDGMENT: CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 738  of 1992.  From the Judgment and Order dated 16.11.1992 of the  Bombay High Court in Crl.  A. No. 148 of 1989. A.N.  Mulla,  Ms.  Shefali Khanna and J.M.  Khanna  for  the Appellant. S.B.   Bhasme,   S.M.  Jadhav  and  A.S.  Bhasme   for   the Respondents. The Judgment of the Court was delivered by YOGESHWAR  DAYAL,  J.This is an appeal by the  four  accused persons against the judgment of the Bombay High Court  dated 16th November. 1992.  Appellant No. 1 who was accused No.  1 was tried for the offence of having 880 committed the murder of his daughter-in-law Sangita, wife of appellant  No.  2  who was accused No.2,  during  the  night between 14th September, 1984 and 15th September, 1984 at the residential  house  of  the appellants  at  Murtizapur  with common  intention  and  also for  having  treated  her  with cruelty on account of dowry amount.  In the alternative  the appellants  were  also  charged for the  offence  of  having abetted  the  deceased Sangita in commission of  suicide  by subjecting her to cruelty.  Appellant no.3, who was  accused No.3,  is the wife of accused No.1 and appellant  No.4,  who was accused No. 4. is their daughter.  Appellants 1 to 4 are hereinafter called accused Nos.  1 to 4. The story of the prosecution was as follows:- The  accused  run  a  printing  press  at  their  residence. Marriage of accused No. 2 was settled with the 5th  daughter of  Madan lal (PW. 8).  Few days prior to the settlement  of the marriage. marriage of her elder sister was also settled. As  such  marriages of both the daughters i.e.  Sangita  and Hemlata  were celebrated at Paratwada on 28th  April,  1994. Talk  over the marriage had taken place about a month  prior to the marriage and the same was finalised after about 2  or 3 days of such talks.  At the time of finalisation,  accused No.  1  demanded Rs. 20,000 by way of hard  cash  as  dowry, besides  other  articles,  add he  himself  had  given  such demands in writing vide Ext. 73.  Though agreed, Madan  Lal, father of the deceased could not give Rs. 20,000 at the time of marriage.  He also could not give the gold agreed, though he  assured to comply with the demands later on getting  the crops.   After  the  marriage, on account of  the  month  of Shrawan,  and  as  per  custom,  Sangita  resided  with  her

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parents.  It was during her stay after the marriage that she was found disturbed and sullen.  Though she herself did  not give  out  the reason therefore, but on  insistence  by  the father  to know the reason she told him that accused  No.  1 had an evil eve on her and that other members of the  family used to beat and ill treat her because of the failure on the part of Madan Lai to pay the dowry amount.  Though Madan lal assured  that he would come down to Murtizapur  and  pursued the  accused, but he could not visit Murtizapur.  After  the month  of  Shrawan, Sangita returned to Murtizapur  but  not communication was made about her safe return by the  accused persons to her father.  The accused persons had a  telephone connection  and Madan Lal (PW.8), two  three days  prior  to the  date  of  the  incident  contacted  accused  No.  1  on telephone.   Accused  No. 1 talked angrily with  Madan  Lal. Madan  Lal then requested accused No. 1 to call  Sangita  on telephone.  Sangita came on phone and in answer to his query she  broke down and Stated weeping and told Madan lal as  to why  he  did not send Ganesh Chaturthi  Neg’,’Neg’  means  a customary  offer that the father of the bride has to pay  on an    auspicious  day.   It varies  according  to  financial capacity of the father.  He told 881 Sangita that he had committed it mistake and assured that he would  be sending it immediately.  On the next day  lie  had got drawn a draft of Rs. 101/- on State Bank of India.  Ext. 74-A  is the said draft.  It was thereafter when  Madan  Lai was on a visit to Amravati that Madan Lal received a message about Sangita having got burnt on 15th September, 1984. During  the night between 14th and 15th September.  1984  at about midnight the accused found Sangita not in her bed  and smell  of  burning.  They found that in the rear  side  open space Sangita was burning and lying down.  According to  the defence  the doors were closed from inside and there was  no access  to the said open space.  Accused No. 1 informed  the police  about  the occurrence that he had seen  through  the window  opening on the )pen space.  Accused No. 1  at  about 3.45  a.m.  on  15th September,  1994  submitted  it  report (Ext.82)  to the police wherein he had stated that about  2. 10 a.m. in the night Sangita was found to be burnt and  died in the bath-room.  PW.9. Mundheh. the investigating  Officer gave instructions to the accused persons not to disturb  the situation.    Initially  on  the  report  of  the   accused, accidental death was registered.  PW9 when reached the  spot on  15th  September. 1984 at about 10.00 a.m. he  made  spot Panchnama vide ext.63. He also found a postcard. half burnt, (Ext. 62) by the side of the dead body.  He thereafter  drew inquest panchnama (Ext.64). PW. 1 Bhanudas acted as a panch. PW.9  having convinced that it was a case of murder,  lodged it  report  on behalf of the State registering  the  offence punishable  under  Section 302 read with Section 34  of  the Indian Penal Code.  Dr. Lande, PW.3, on 15th September, 1994 at about 5.00 p.m. conducted the post-mortem. The  Additional Sessions Judge on the basis of the  material filed  with the challan. on 30th September, 1994  trained  a charge under Sections 302.499-A and 201 read with Section 34 of  the  Indian  Penal  code  and  thereafter  recorded  the evidence  of PWs. 1 to 9. Thereafter by an order dated  22nd August, 1988 the trial court framed an additional charge for the  offence punishable under Section 306 read with  Section 34 of the Indian Penal Code.  The accused persons challenged the  framing of the additional charge before the High  Court but  the challenge was defeated.  The accused  persons  were accordantly  tried.  Their defence through out was  a  total denial.

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It  appears  that during arguments the  Prosecutor  did  not think  it proper to press for the diffence punishable  under Section  302 read with Section 34 of the Indian penal  Code. According  to the Prosecutor the only case made out was  for the offences punishable under Sections 306, 498-A read  with Section  34  of  the Indian Penal  Code.   The  trial  court endorsed the view of the Public Prosecutor and did not 882 discuss  the  relevant  evidence it all  on  the  charge  of Section  302  and recorded a finding of  acquittal  in  that behalf.   He also held that the charge of Section  201  also did not survive. The learned trial Judge also held that the prosecution  hits not been able it) prove that the accused persons with  their common  intention  treated Sangita with cruelty  or  thereby abetted her to commit suicide.  He accordingly acquired  all the accused persons for the offence punishable under Section 306 read with Section 34 of the Indian Penal Code. The State filed all appeal against their order of  acquittal and the High Court on appeal castigated the trial judge  for having   gone  merely  oil  the  statement  of  the   public Prosecutor  without applying his own mind on  the  evidence. The High Court examined the evidence afresh. The High Court posed a question is to whether the nature  of death  of Sangita was suicidal or homicidal  and  ultimately gave  a  finding that it was a case of homicidal  death  and found  all  the accused guilty under Section 302  read  With Section  34  and  Section 201 read  with  Section  34.   The accused were also find guilty under Sections 498-A read with Section  34.   For the offence under Section 302  read  with Section   34  all  of  them  were  sentenced   to   rigorous imprisonment ‘for life and different fines.  For the offence under  Section  201  read with Section 34  all  the  accused persons  were sentenced to rigorous imprisonment  for  three years  and  each  of them was  fined  Rs.1,000/-.   For  the offence under Section 498-A read with Section 34 all of them were sentenced to one year rigorous imprisonment and a  fine of Rs.2,000. Learned  counsel for the defence, however, submitted  before the  High Court that the charge under Section 302 read  with Section  34 did not survive tit view of the concession  made by  the  Prosecutor and also in view of the framing  of  the additional  charge under Section 306 read with  Section  34. It  was  also submitted that the framing of  the  additional charge negated the theory of murder in pith and substance. The  High  Court, however negatived this submission  and  on consideration  of  the evidence convicted  all  the  accused persons as stated above. Body  of  Sangita suffered 100% burn injuries and  smell  of kerosene  was  even  noticed in the  spot  panchanama.   The description 1005 burn does not really fully 883 convey  the condition of the body. Asper the inquest  report the  dead body was lying on its back in the open  court-yard at the back side of the house of the accused.  Both the legs were  partly stiffen.  Both the hands were partly  bent  and lying  at  side.  Hairs on the head  burnt  and-even  fleshy portion is also burnt at some places.  There was slight hair at  some portion of head.  Complete body was burnt and  skin on it also peeled up.  Face had became red and black.   Eyes were closed and burnt.  Nose was burnt and blood was  cozing from  the  nose and mouth.  Tongue was  slightly  protruding out. Brassier  of the left side was totally burnt and right  side was  partly  burnt.   Ash  of burnt  cloth  was  visible  on

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stomach.  A partly burnt small piece of the border of  saree was  lying there.  Some pieces of saree, burnt and  sticking each other, were lying on the stomach.  Skin on palm of both hands was peeled up and was appearing reddish.  Skin on  the complete  body  was burnt and peeled up.  On  observing  the body by turning its upside down, the complete body was burnt from  back  side.   On observing the private  parts  of  the deceased  through  Pancha No.3 it was  stated  that  private parts  were burnt and there was no injury and  to  ascertain the  actual  cause of death, the dead body was sent  to  the Civil Surgeon, Murtizapur for post-mortem.  According to Dr. Lande,  who conducted the postmortem, on opening of  trachea black particles were found.  He recorded that probable cause of death was 100% burn with bum shock with asphysix. On  the basis of medical evidence the High Court again  felt the  necessity  to  ascertain whether  the  act  of  pouring kerosene  oil was voluntarily by the victim or the act of  a third person.  The High Court felt that the trial court  has not  even  discussed  the medical evidence  or  the  inquest report and hastily reached the conclusion that it was a case of  suicidal death.  According to the High Court the  entire approach  of the trial court was  thoroughly  unsatisfactory and grossly erroneous.  After going through the evidence the High Court gave the following findings:-- That the deceased could not control her emotional  out-burst even during the presence of her father -in-law while talking on telephone.  The deceased was a young girl of 20 years.  A determination to suffer extreme pain in silence could not be a matter of speculation.  "In third degree injuries, as  per Dr.  Lande, the victim suffers extreme pain.  Such  injuries will make the person to give out cries and shouts for help." The shouting and crying of the deceased was not only obvious but  inevitable.  Undisputedly, none had heard the cries  or shouts  of  the  deceased while she  was  in  flames.   This circumstance  alone  does  not support  the  probability  of suicidal death. 884 The trial court has wrongly read the contents of letter Ext. 62 and its interpretation is highly illegal. Undisputedly Sangita returned from Paratwada after "Shrawani Mass"  just  a  week before the incident,  probably  by  7th September,  1984.   She was subjected’  to  insinuation  and accused used to refer her as "awara", "loafer".   "badmash", She  wanted to convey this to her father through  post  card (Ext.62) which seemingly not delivered.  By this letter  she requested  her father not to visit Murtizapur.  This  letter never  reached  post off-ice and the message  could  not  be passed to Madan Lai, PW. 8. Before accomplishing her  design to  convey this message, she could not bring an end  to  her life.  Sangita could not simply think of committing  suicide while in possession of Ext.62. Sangita  at  the time of incident, as per  the  post  mortem report.  was having, a pregnancy of 3-4 months and  this  is also not in tune with the act of commission of suicide. The Sessions Judge omitted to discuss the complete  evidence of Dr. Lande and the post mortem report Ext.50. As per  post mortem  report the eye-ball and tongue of the deceased  were protruding.  Dozing of the blood was found from the nose and mouth.  In case of death due to burning such injuries cannot be sustained. Sangita  was  assaulted before she was set on  fire.   There might be a definite attempt to cause death by  strangulation before  pouring kerosene oil on her person.  Relying of  the evidence  of PW.1, Shivraj, a neighbour who heard  a  shriek of’ woman as a result of strangulation coming from the house

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of  the accused.  Taking into account tile medical  evidence read  with the testimony of PW.1, Shivraj, Sangita met  with tile homicidal death. A ball of cloth half burnt was also found by the side of the body.   The  ball  was  used for  gagging  her  mouth  as  a precautionary measure to handicap her from raising cries  or shouts.  PW.5, Bhanudas, had also noticed dragging marks  in the  court-yard and the deceased after assault  was  dragged and kept at the spot. While in flames Sangita did not make any movement.  She  was completely motionless. The latching of doors of the compound was not accepted as an act  of  the  deceased.  Latching of doors  and  pouring  of kerosene after assault was a farcical venture skilfully  and conveniently  made  to  bring  colour  of  suicide  to   the incident. 885 The  High  Court  then  posed the  question  as  to  who  is responsible  for  homicidal death of Sangita.  It  was  held that  it could not be an act of an individual It  was  joint venture.   There  is no direct evidence.   Undisputedly  the payment  of  Rs.20,000/- was not made nor the  tither  items mentioned  in Ext. 73 were given till the date of  incident. On  her  second  visit, the deceased had  disclosed  to  her father,  Madan Lal. that the members of in-laws’ family  had beaten and ill-treated her for the reason of non-fulfillment of  dowry  and  other articles.  A  reading  of  the  letter indicates   that  the  accused  persons  had  very   serious grievance   against   Sangita  and  her  parents   for   non fulfillment of dowry demands. Recovery of handkerchief at the instance of accused No. 1 in pursuance of a disclosure statement and the seizure  thereof vide  Ext.69 from a drawer of the table of the office.   The handkerchief  was smelling, kerosene oil.  It was  concealed at  a  place which was not normally or ordinarily  used  for keeping the handkerchief. This handkerchief was used at the time of the incident. None  of the accused persons made any attempt to  reach  the spot  even though they noticed the death of  Sangita.   They merely  allowed the body to be burnt.  Accused  persons  had quoted  exact time of death in Ext.82 which means that  they were  mentally alert and conscious of the happening  in  the house. The  refusal  to  disclose  the  death  of  Sangita  to  the chowkidar of the locality, PW.2, Rahadursingh.  The  meeting with  chowkidar  Bahadursingh  was  falsely  denied  in  the statement  under  Section  313  of  the  Code  of   Criminal Procedure. Homicidal  death occurred by Sangita while she was in  their custody.  The incident with its gravity and extent cannot in any  manner go unnoticed.  As such the accused persons  were duty bound to offer plausible explanation.  Their action was concerted. well thought out. well planned. With  the  aforesaid findings all the accused  persons  were found guilty by the High Court and the appellants have  come up in appeal before this Court. This  court  on application of appellant Nos. 3 and  4  i.e. another-in-law  and sister-in-law of the deceased,  admitted them to be on hail. Apart  from the inferences noticed by the High  Court  there are certain other features in the post mortem report Ext. 15 which  may also be noticed at this state.  It is  stated  in paragraph  13 of the post mortem report that the  whole  (if skin of face 886

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was  burnt and Covered at places with black soot.  Eye  ball slightly protruding Tongue was protruding from mouth.  Blood stained  discharge from nose and mouth.  In paragraph 17  it is noticed heirs of the scalp, eye lashes, both ears,  eyes, whole  neck. whole chest. whole abdomen suffer  from  burns. Buttock and pubic hairs also burnt.  Black soot was  present over burnt area of face, chest, abdomen.  In paragraph 19 it is stated Brain & Meninges congested.  In paragraph 20 it is stated  Larynx.Trachea and  Bronchi-congested,  on  opening, troches. black particles seen inside human.  Right lung left lung-congested.   Right  ventricle  of the  heart  was  full whereas left was empty.  In paragraph 21 it is stated  liver and  gall  bladder-congested.  pancreas  and  suprarenals  - congested.  spleen  -  congested, kidneys  -  congested  and bladder  -  empty, i.e. parenchymatous organs  show  intense venous congestion. Dr.   K.S.   Narayan   Reddy,   M.D.   D.C.P.,   M.I.A.F.M., F.I.M.S.A.,F.A.F.Sc.,   Professor  of   Forensic   Medicine, Osmania Medical College Hyderabad in his well known treatise THE ESSENTIALS OL FFORENSIC MEDICINE AND TOXICOLOGY.   Sixth Education at page 255 gives descriptions of internal as well as  external symptoms of manual strangulation.  At page  255 while  dealing  with signs of asphyxia. the  learned  author observes : "The face may be livid, blotchy and swollen,  the eyes  wide open, bulging and suffused, the pupils  dialated, the  tongue swollen, dark-cloured and protruded.   Petechial hemorrhages  are common into the skin of the eyelids,  face, forehead,  behind  the  cars and scalp.   Bloody  froth  may escape  front  the  mouth  and nostrils  and  there  may  he bleeding  from  the nose and cars.  The  hands  are  usually clenched.  The genital organs may be congested and there may be  discharge  of urine, faeces and  seminal  fluid."  While internal injuries described little later included as under               "The larynx. trachea and bronchi are congested               and contain frothy. often blood stained mucus.               The  lungs  are markedly  congested  and  show               ecchymoses  and larger subaerial  hemorrhages.               Dark fluid blood exudes on section.   Silvery-               looking spots under the pleural surface due to               rupture  of the air cells which  disappear  on               pricking.  are  seen in more than  505  cases.               The parenchymatous organs show intense  venous               congestion and in young persons ecchymoses are               usually  seen on the heart and  kidneys.   The               brain   is  contested  and   shows   petechial               hemorrhages.   The right side of the heart  is               full  of dark fluid blood and the left  empty.                             Both the cavities are full if the heart               stopped during diastole." Whereas in burn injuries the learned author at pages 237-238 observes."the 887 brain  is usually shrunken, firm and yellow to  light  brown due to cooking.  The dura matter is leathery." (dura  matter is  meninges of the brain).  If the death has occoured  from suffocation.  aspirated blackish coal particles are seen  in the  nose, mouth and whole of the respiratory track.   Their presence is proof that the victim was alive %,.hen tile fire occurred.  The pleurae are contested or inflamed.  The lungs are   usually   congested.  may  be  strunken   and   rarely anemic......   Visceral   congestion  is  marked   in   many cases...... The heart is usually filled with clotted  blood. ’The  adarme;s  (glands above kidneys) may he  enlarged  and congested. Some of these symptoms or internal and external injuries are

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common  in  case  of strangulation and  burn  like  face  is swollen  and distorted, the tongue protruded. the lungs  are usually  congested  visceral congestions is marked  in  many cases. What is to he noticed in the present case is that there  are hardly "any cries" as per the defence also by the  deceased. This  is not possible even in case of suicide.  Even if  the burns  ,ire  inflicted with suicidal intent tile  victim  is bound  to  cry out of pain.  Admittedly there was  no  cries and,  therefore, it was not a Case of suicidal burn but  the deceased was put in a condition where she could not cry  and yet get burnt by third party. As  is  clear  from the aforesaid  commentary  of  Dr.  K.S. Narayan  Reddy  that if it was a case of  merely  burns  the blood  of  the  heart  would have  got  clotted.   Even  the postmortem  report  does not say that asphvsix  was  due  to burn.  Coupled with all the internal injuries which occur in the case of strangulation. are present in this case. As pointed out by the High Court there is no direct evidence to connect the appellants with the offence of murder and the prosecution  entirely rests its case only on  circumstantial evidence.   There  is a series of decisions  of  this  Court propounding the cardinal principles to be followed in  cases in  which the evidence is of circumstantial nature.   It  is not  necessary  to repapitulate all those  decisions  except stating the essential ingredients as noticed by Pandian,  J. in  the case reported as The State of Uttar Pradesh  v.  Dr. Ravindra  Prakesh J. in the case 2 SC 114 at 121,  to  prove quilt of an accused person by circumstantial evidence.  They are:-               (1)   The   circumstance   from   which   tile               conclusion is drawn should be fully proved;               (2) the circumstances should he conclusive  in               nature;               888               (3)all  the  facts so  established  should  he               consistent  only with the hypothesis of  guilt               and inconsistent with innocence:                (4)the  circumstances  should.  to  a   moral               certainty, exclude the possibility of guilt of               any person other than the accused." Now  let us examine the impelling  circunistances  attending the case and examine whether tile cumulative effect of those circumstances  negatives tile innocence of  tile  appellants and  serves  a  definite pointer  towards  their  guilt  and unerringly  leads  to  the conclusion that  with  all  human probability the offence was committed by the appellants  and none else. There is no doubt that when the incident occurred there  was no  outsider  its  the house. The  circumstances  which  ire establislied  its having closely linked up with one  another may be noticed               1)    The motive for the occurrence.               2)    The  place  where  the  tragic  incident               occurred was               in   possession   and   occupation   of    the               appellants.               3)    The  occurrence had happened in the  wee               hours when body else would have had ingress at               the   place  where  the   incident   allegedly               occurred.               4)    The appellants admit their presence.               The positive features, which occurred, had  it               been  it pure case of burning, there would  he               evidence of vomiting.

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             6)    The positive opinion of the doctor  that               the  death was due to asphysix as  well  apart               from 100% burns.               7)         The deceased was carrying fetus  of               3-4 months               8)    The  extensive use of kerosene  as  seen               from  the  burn shows that  the  deceased  was               practically               889                 drenched as sort of a bath with kerosene.               9)    Total  absence  of any  shout  or  cries                             except   one   which  was  heard  by   way   o f               strangulation by PW. 1.               10)   Blood  in heart was not  found  clotted.               Right  ventricle heart was full of  blood  but               left ventricle wits empty.               11)   Besides  total  burning of neck  was  to               destroy evidence of attempted strangulation.               12)   In  burn brain is usually  shrunken  and               firm whereas in strangulation it is congested. As noticed by Pandian, J. in the aforesaid decision, opinion of  Taylor  in Medical Jurisprudence is  quoted  below.   It reads thus:               "Not  uncommonly the victim who inhales  smoke               also vomits and inhales some vomit, presumably               due to bouts of coughing, and plugs of  regur-               gitated  stomach contents mixed with soot  may               be found in the smaller bronchi, in the depths               of the lungs." By  the time a person could take a bath of kerosene  she  is likely  to  get  fainted  and would not  be  in  a  position thereafter  to burn herself.  A total burning, of  the  face and  the neck shows that even at portions where she was  not wearing  any  clothes  were not burnt.   It  could  only  be possible  if  she had poured kerosene on her head  and  face also. It is not understood as to how the unposted post card  found near the dead body was not burnt when the whole body had got burnt.   It in fact indicates that the planting of the  post card was to show that it was a case of suicidal death. In  passes all human probabilities that the appellants  have satisfied  themselves  by watching through  the  window  the burning  of  daughter-in-law  without any  due  and  cry  or without and serious attempt to save her. We  are thus satisfied that it was a case of murder and  not suicidal death.  So far as the accomplicity of appellants  1 and 2 are concerned, there is no doubt.  But 890 it is not necessary if appellant Nos. 3-4 i.e. mother-in-law and sister-in-law of the deceased have also participated  in the murder of the deceased. For the aforesaid reasons we dismiss the appeal on behalf of appellant.   Nos.   1  and 2 but give benefit  of  doubt  to appellant  Nos.  3  and 4 and accept  the  appeal  on  their behalf.   They are accordingly acquitted.   The  convictions and sentences of appellant Nos.  1 and 2 are upheld. U. R.                                 Appeal dismissed. 891