JUDGMENT :

1. Heard Sri Kuldeep Singh Chahar, learned counsel for the convict-appellants, learned A.G.A. appearing for the State and perused the material placed on record.

2. This criminal appeal has been filed against the judgment and order dated 08.12.1989 passed by learned IInd Additional Sessions Judge, Mathura, in Sessions Trial No. 145 of 1989, State Vs. Revti and others, arising out of Case Crime No. 332 of 1987, Police Station Vrindavan, District Mathura, whereby the appellants were convicted and sentenced under Section 201 I.P.C. with one year R.I. It was also directed that the period spent by the accused in jail shall be adjusted towards the sentence imposed as above.

3. The order sheet shows that the appeal was admitted by this Court as far back as on 4.1.1990 and on the same day both of the appellants were enlarged on bail by this Court.

4. Pursuant to the communication of the Chief Judicial Magistrate, Mathura in compliance of the order of this Court dated 17.12.2018, the Office has submitted its report dated 27.2.2021, a perusal whereof shows that appellant no.5, namely, Dalla has died. The death confirmation report is accompanied with requisite documents as per the circular of this Court. In view of the said fact, this criminal appeal qua appellant no.5-Dalla, stands dismissed as abated and appeal shall proceed in respect of the surviving appellants, only.

5. Prosecution case as appears on perusal of record is that in the night of 7/8.9.1987, Smt. Sondevi, who was married to appellant No.1-Revti, attempted to commit suicide. According to the prosecution, in the evening of the date of occurrence, at about 4 P.M. there had been some exchange of words between Revti and Sondevi, Revti told her not face him and she should die. Feeling depressed, she took poisonous pills and died in the night. The accused above named took the dead body for funeral. Thereafter Madan sprinkled kerosene oil over the dead body of Sondevi and burnt her. Kajoli, Digamber and others had seen the occurrence. Report about the incident was lodged by Bharat Singh on 8.9.1987 at 7:30 A.M. Police registered a case at G.D. No.12. Sri Tomar, Investigating Officer of this case, immediately proceeded to the spot, funeral-ground and collected burnt ashes and bones and prepared Fard (Ex.Ka-4) and after investigation, he submitted charge-sheet against the accused. The case was committed to Court of Session for trial which was transferred to the Court of IInd Additional Session Judge, Mathura by orders of Session Judge

6. Burnt ashes and bones, recovered by the Investigating Officer were sent to the chemical examination, but no poisonous contents were detected.

7. Accused pleaded not guilty to the charge under Section 306/201 I.P.C. framed against them respectively, and alleged false implication on account of enmity.

8. Prosecution to prove its case examined PW-1 Kajoji and P.W.-2 Digamber. Kajoli has stated that thee was some exchange of words in between Sondevi & Revti. Revti said her that she should die, in as much as she had not given a birth to a male child, and Sondevi took the poisionous pills and in the night she died. Madan, Revti, Bheema, Dalla, Baby and Girraj took her dead body to funeral ground and Madan sprinkled kersine oil upon her dead body and burned her to ashes. To the same effect is the statement of Digamber- P.W.-2.

9. PW-3 Kashi Nath has been declared hostile. PW-4 Bharat Singh is the informant of the case. He has proved report (Ex.Ka-1). PW-5 S.I. L.K.Tomar, is the Investigating Officer of the case, he proved recovery memo of burnt ash and bone (Ex.Ka-4), chemical examiner report (Ex.Ka-5), chargesheet (Ex.Ka-6) and G.D. (Ex.Ka-7).

10. Accused examined one Damodar in support of their defense plea. He has stated that he was made to sign on a plain paper by the Sub-Inspector and Revti had never scolded his wife. Son Devi had not consumed poison and she died natural death.

11. Learned court below referred Section 113-B of the Indian Evidence Act