( 1 ) THIS appeal under Section 374 (2) Criminal Procedure Code is directed against the conviction and sentence dated 31-3-1985 rendered by the District and Sessions Judge, Almora in Session Trial No. 32 of 1984. The accused appellants Capt. Radhey Shyam and his daughter Km. Rekha were convicted on the charges under Sections 120-B and 302/34 I. P. C. and sentenced to imprisonment for life on both counts, and the sentences made to run concurrently.

( 2 ) THE trial related to an occurrence of the evening of 15-7-1984 wherein one Smt. Lila Thapa suffered severe burn injuries resulting in her death in the Military Hospital on 18-7-1984 at 9. 20 a. m. The charges were based on the contention that Km. Rekha had drenched Smt. Thapa with kerosene oil and Capt. Radhey Shyam had set her ablaze in the evening of 15-7-1964 while the defence has been that she had drenched herself in kerosene oil under some fit or morbid hysteria, and caught fire from a candle that was burning in the bed-room.

( 3 ) THE facts proved and not disputed by the accused are that Capt. Radhey Shyam has an earlier marriage and out of that Km. Rekha and one son was born. However, that wife has been deserte