Hon’ble Shashi Kant Gupta, J.—This criminal appeal arises out of the judgment and order dated 28.2.1983 passed by Additional Sessions Judge, Jalaun at Orai in Sessions Trial No. 139 of 1982 (State v. Jiya Lal) whereby the appellant was convicted and sentenced to undergo four years rigorous imprisonment under Section 201 I.P.C. and imprisonment to life for offence under Section 302 IPC. Both the sentences were directed to run concurrently.

2. The prosecution case, in brief, is that the accused Jiya Lal was married to Smt. Phool Kunwar, daughter of Tulain about 10-15 years ago. He, however, developed some illicit relation with the wife of his brother. On 11/12-7-82 at about mid-night accused Jiya Lal committed murder of his wife Smt. Phool Kumar in his house by throttling. After committing her murder, the accused in order to show it as suicide burnt the dead body of the deceased by sprinkling kerosene oil over it and lodged a false report with the police on 12.7.1982 at 10 a.m. In the report, the accused appellant stated that Smt. Phool Kunwar had a boil on her right thigh which could not be cured in spite of long treatment, as a result thereof his wife. Smt. Phool Kunwar committed suicide due to deep depression and dejection.

3. The police consequently registered a case and took up the investigation. The dead body of Smt. Phool Kunwar was then sent for Post-mortem examination. The result of post-mortem examination revealed that the cause of death was asphyxia because of blockage of the air passage at the neck by some external pressure. In view of this, the police submitted a charge-sheet against Jiya Lal himself who had lodged the First Information Report.

4. The accused pleaded not guilty to the charges and claimed that he was innocent.

5. The prosecution had examined nine witnesses in this case. They are P.W. 1 Smt. Parwati, mother of the deceased, P.W. 2 Smt. Ramkali, sister-in-law of the deceased, P.W. 3 Baladhar, brother of the deceased, P.W. 4 Asharfi Lal, P.W.5, Dr. A. K, Tewari, who conducted the post-mortem examination of the deceased Phool Kunwar, P.W. 6 R. P. Arya, Investigating Officer, P.W. 7 Ram Sewak, scribe of F.I.R. (Ext. Ka 5), P.W. 8 Ramkesh and P.W. 9 Head constable Har Govind.

6. Out of the aforementioned witnesses first four i.e. P.W. 1 to P.W. 4 were declared hostile by the prosecution as they did not support prosecution version as was expected from them. The Prosecution allegation is that these witnesses have colluded with the accused and have for some consideration decided not to speak truth in the Court.

7. P.W. 5 Dr. E.A.K. Tewari conducted the post-mortem of the deceased Smt. Phoolkunwar on 12.7.1982 at about 12.45 p.m. According to him, the deceased was aged about 24 years. She was average built, young female who had died about 18 hours before the examination. According to him, the cause of death was asphyxia due to blockage of air passage at neck, due to some external pressure. The following relevant observations were noted in the post-mortem report by the P.W. 5 Dr. E.A.K. Tiwari;

External Examination :

(I) Rigor mortis passed off from upper extremity but was present in inferior extremity.

(ii) Eyes closed and conjunctive deeply congested.

(iii) Frothy blood coming out from nose and mouth

(iv) Tongue protruding about 1" between teeth.

(v) Lips and nails blue.

(vi) Faecal matter coming out from anal orifice.

(vii) Piece of charred cloth sticking to abdomen.

ANTE-MORTEM injuries were found on neck :

(i) Internal examination of the neck showed muscles of both sides show extravasation of blood which was also present by the side of trachea.

(ii) Fracture of thyroid bones.

(iii) Fracture of hyoid bones.

(iv) Mucus membranes of these and trachea deeply congested.

The neck also had IInd and IIIrd degree post-mortem burns.

(a) The external examination further showed that post-mortem burns on face, both superior extremity, front upper part of chest. The burns on these part were of II and III degree.