N.C. SHARMA, J.—The appellant Mst. Kesar before us, a young woman of 19 or 20 years of age was convicted on August 20, 1976, by the Additional Sessions Judge, Bikaner. under section 302 of the Indian Penal Code for having murdered her husband Durga Ram and was sentenced to imprisonment for life and a fine of Rs. 250/-. In default of payment of fine, she was further to undergo rigorous imprisonment for one month.

2. The prosecution case was that Issar Ram Meghwal (P.W. 2) aged 68 years was resident of Bikaner. Mst. Chaini (P.W. 10) aged 60 years was wife of Issar Ram. Issar Ram and Mst. Chaini had no male issue and they had only one daughter Mst. Amani who was married to Asu Ram (P.W. 5) of village named Udramsar in Tehsil Bikaner. Durga Ram deceased was son of Asu Ram (P.W. 5) from Mst. Amani daughter of Issar Ram and Mst. Chaini. As Issar Ram and Mst. Chaini had no male issue, deceased Durga Ram used to live with his maternal grand parents at Bikaner. The deceased had been married to the appellant when both of them were tender aged children. It may be mentioned that Asu Ram had one more son named Bhanwara Ram. Bhanwara Ram and the deceased were both married to daughters of Jaggu Ram. In other words, wives of both the sons of Asu Ram were real sisters. The appellant mostly used to remain at her parents house. Whenever she used to come to her husband, she lived in the house of Issar Ram (P.W. 2) at Bikaner. She had come from her parents house to the house of Issar Ram three days before the incident.

3. During the night intervening 18th and 19th May, 1974, while Issar Ram (P.W. 2) and his wife Mst. Chaini (P.W. 10) were sleeping in the angan in front of a sal in ground floor of their house, deceased Durga Ram and the appellant slept over the roof of the sal of Issar Rams house. At about 4 or 4.30 A.M. on May 19,1974, it was alleged, Mst. Kesar appellant raised a cry from the roof as to who had murdered her husband. It may be mentioned that near and around the house and compound of Issar Ram, there are houses of Nathu Ram (P.W. 1), Megha Ram father of Poonam Chand (.P.W. 3), Bhani Ram (P.W. 4) and some other relations of Issar Ram. On hearing the cries of the appellant, Mst. Chaini (P.W. 10) rushed to the roof of the sal of her house and saw that Durga Ram deceased had injuries on his neck and had been murdered. The neighboured Poonam Chand (P.W. 3) Chaitan, Bheema, Nathuram (P.W. 1) and some others also reached to the house of Issar Ram. Mst. Chaini on seeing that Durga Ram had been murdered became unconscious and she was brought down stairs by Poonam Chand (P. W. 3) and the appellant. Blood which had oozed out of the neck injuries sustained by Durga Ram deceased had spread on the roof where he was lying dead. The neighbourers who had assembled in the house of Issar Ram were of the view that some respectable person should be called and, therefore, Nathu Ram (P.W. 1) went to call Bhani Ram (P.W. 4). Bhani Ram arrived at the spot and advised that a report should be lodged at the Police Station. Thereupon Nathu Ram P.W. 1 along with Chaitan Ram and Purkha Ram went to the Police Station, Naya Sahar, Bikaner, which was at a distance of about 2 furlongs from the house of Issar Ram, and lodged the first information report Ex. P. 1 at the Police Station at 5.30 A.M. of the same day. Omprakash, (P.W. 15), who was Station House Officer of Police Station, Nayasahar, Bikaner, after the lodging of the first information report came to the place of the first information report came to the place of the occurrence. He prepared the site plan Ex. P. 18 and the memorandum relating thereto Ex. P. 45. An inquest report Ex. P. 3 was also prepared. He found that three match-sticks and one cover of match-box were lying near the dead body and the same were seized under the seizure memo Ex. P. 5. The beddings on which the deceased was lying were also seized as they were blood stained. He also seized the gudri and the blanket which were the beddings on which

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