Judgment-

Dua,

( 1 ) THE facts giving rise to this appeal by special leave may briefly be stated.

( 2 ) UDAIPAL Singh, appellant, was admittedly married to Savitri Devi deceased, in 1958 and since March, 1964 till her death which occurred on the night between April 18 and 19, 1964 she was staying in her husbands house in village Mundgaon in which her husband Udaipal Singh, appellant, her father-in-law Harnath Singh and her mother-in-law Bari Beti all lived together. She died an unnatural death in her bedroom which was also the bedroom of her husband on the night between April 18 and 19,1964. Information about her death was lodged by her father-in-law Harnath Singh at the police station Mohammadabad, four miles away from Mundgaon at about 10. 30 a. m. on 19/04/1964. That report deserves to be reproduced in extenso as recorded in the general diary. It reads;

"time 10:30 a. m. Mohammadabad.

AT this time Shri Harnath Singh son of Mahuker Singh Thakur of village Mandgaon which is at a distance of four miles from this police station and to its east came to the police station and informed that his son Udaipal Singh was clerk of Sri Babu Singh Vakil of Fatehgarh. He used to go to Fatehgarh da