S. S. BYAS, J.

( 1 ) RAM Chandra and his son Balraj who are appellants before us, were convicted under Section 302/34 of the Indian Penal Code and each was sentenced to imprisonment for life with a fine of Rs. 500. 00, in default of the payment of fine to further undergo six months rigorous imprisonment by the learned Sessions Judge, Jhunjhunu by his judgment dated October 16, 1987. They have come up in appeal and challenge their conviction.

( 2 ) THE victim in the case is Smt Krishna born on 1/7/1969. She was the wife of the appellant Balraj. P. W. 2 Om Prakash and P. W. 12 Mst. Pana are the parents, P. W. 1 Dharamveer Singh is the brother and P. W. 15 Smt. Vidhya is the sister of the victim. The prosecution case may briefly be summarised as under: the marriage between Krishna and the appellant Balraj was solemnized on 26/5/1984 in Dhani Sheoran Tan Dev Road P. S. Chirawa, District Jhunjhunu. After marriage Krishna went to live with her husband and in-laws in Jhunjhunu. Thereafter she visited her parents house off and on. The distance between Dhani Sheorana and Jhunjhunu is 15 or 16 Kms. On 21/3/1985 when she was living in Jhunjhunu with her husband and in-laws, she appeared in the first paper of English of the secondary examination conducted by the Board of Secondary Education Rajasthan. Accused Ram Chandra appeared at the Police Station, Jhunjhunu in the morning on 22/3/1985 and presented written report Ex. P-29 to the Station House Officer Mahavir Prasad (P. W. 21 ). It was stated therein that at about 4. 00 a. m. on that day, he was told by his elder brother Shivraj Singh that the latrine situate in his house was in flames and the shutters were burning. He immediately went to the latrine and found a completely burnt dead body therein. Smt. Krishna was missing. The dead v. body could be, therefore, of her. He requested the v. Police to make an inquiry into the matter. P. W. 21 Mahavir Prasad, S. H. O. contacted the Dy. S. P. Virbhana Ajwani (P. W. 24) and both of them went to the house of the accused Ram Chandra. They noticed a completely burnt body of a woman inside the latrine. Accused Ram Chandra had also sent the information to the parents of Krishna, and her father Om Prakash (P. W. 2) also arrived there. The police prepared the TFerd Surathal Ex. P-9 and the inquest report Ex. P. 8 of the dead body in the presence of the Mohtbirs and Om Prakash (P. W. 2 ). The burnt body was identified to be that of Smt. Krishna. The body was sent for medico legal autopsy which was conducted by a board of three doctors viz. P. W. 6 Dr. , Ratan Singh, P. W. 19 Dr. Smt. Rekha and Dr. K. K. Sharma. They noticed as follows: (1 ). Whole body burnt blackened. thick soot dry and friable appearance on body surface. No clothing detected on body. Light smell of kerosene oil muscles churned up, matted, whole muscle mass of both upper and lower limbs neck, enest, abdomen, back burnt leaving bones exposed which are friable on randle. Scalp hair, eyebrows, pubic hair not visible due to bum. Roasting and charring of parts of both limbs upper limb semiflex at elbow and shoulder, lower limb semi flexed at knee and hip joint. Dislocation of left wrist due to bum. An opening of 4 x 3 on left side of back below leastal margin present due to bum bangles on left forearm present, A gold chain present in neck no marks of ligature detected on neck due to extensive bum. Eye bail melted whole external ears burnt external aemtalio burnt. (2 ). Scalp hair, scalp muscle burntt

( 3 ) THE Medical Board was of the opinion that the cause of death would be given after receiving the report from chemical examiner to whom astric contents and a piece of stomach of Smt. Krishna were sent for chemical examination. The post mortem report prepared by the Medical Board is Ex. P. 10. It was latter opined that the cause of death was burning. Since the case was not found of homicidal burning, the police after taking the proceedings under Section 174 of the Criminal Proc