K. RAMASWAMY, J.:- Special leave granted.

2, Vinod Bhalla and his mother Srnt. Sarojini were charged under Section 302 read with S. 34, I.P.C. or alternatively under S. 305 read with S. 34, I.P.C. by the Sessions Judge, Rewa in Sessions Trial No. 75 of 1983 for causing the death of or abetment to cause suicide by Smt. Rajini Bhalla, aged 22 years. Rajini was married to Vinod on Feb. 3, 1982 and three months thereafter her dead body in a charred and unrecognisable condition was found on the first floor of the matrimonial home at Rewa on May 27, 1982. The trial Court convicted both the accused under S. 302 read with S. 34 and sentenced them to undergo imprisonment for life. On appeal, the High Court by its judgment dated November 23, 1991 acquitted them of the offence under S. 302 read with S. 34, but convicted Smt. Sarojini under S.201, I.P.C. and sentenced her to undergo R.I. for five years. These appeals are by Sarojini and the State respectively.

2A. The facts lie in a short compass. PW-Pashupathinath Tandon and PW-2, Vimla, are parents, PW-3, Kailash Nath and PW-4, Shiv Charan Lal, are brothers of Rajini. The prosecution case is that Sarojini wrote Exs.-4 to 6, pre-marital letters, to PW-a demanding Scooter, Tape Recorder and Tullu Pump (motor for pumping water to upper storey), but the same could not be immediately given at marriage. It is the prosecution case that it is a case of dowry death. The case of the accused Is on of suicide. The case hinges upon circumstantial evidence. At about 8:00 a.m. on May 27, 1982., PW-8, the Sub-Inspector of Rewa Police Station received a message of the house burning which was transmitted to PW-10 Mahipal Singh, the Inspector. When PW-10 went to the scene. He conducted a Panchanama of the scene of offence on the first floor of the house of the accused. Rajanis dead body is charred and unrecognizable condition was found with the tongue protruding, the blood was oozing from the mouth, the limbs were spread on the upper side in retracted position and the deceased was lying naked on the back in the supine condition. The dead body was sent for pos mortem and Dr. Mogha PW-9 conducted the post mortem. According to him he could not give the cause of death, but he noted that the lungs congested and oedematous; both the chambers of heart were empty and found semi digested food in the stomach of the deceased. The entire material was transmitted to PW-11 Harish Chandra the Director, Musicology. On minute and detailed examination of the materials furnished to him PW-11 opined that the death was due to asphexia and that the deceased died after two or three hours of her last meal. The death could not have been in the morning between 8.00 or 8.30 a.m. He also found that the body fo the deceased continued to be burnt even after death resulting in heat cracks and cracks in the limbs. Vinod was working as a cashier-cum-clerk in the State Bank at Sidhi, 90 Km. From Reva well connected with thorough traffic and it takes two hours to reach Rewa or to go back to Sidhi. The deceased and Sarojini were stay in their house at Rewa.

3. The learned Sessions Judge found that the motive to kill the young lady who was yet to blossom into womanhood was the insatiable thirst for dowry. The death was not suicide, but of homicide. P.W. 11s evidence in conclusive that the death was due to asphexia and that the murder could not be committed by a single individual. After two to three hours of last meal the death had occured. Vinod after committing the murder must have left the place. The conduct of Sarojini after the occurrence is unnatural. She was seen remorselessly sipping coffee and snacks. Therefore, the accused alone were responsible for the murder of Rajini. Accordingly, the Sessions Court recorded the conviction and sentences.

4. On appeal, the High Court affirmed that the death was homicidal occurred between two to three hours after the last meal. Sarojini was present in the house and she proclaimed at Panchanama that the