Hon’ble B.S. Verma, J.: This criminal appeal, U/S 374(2) of the Cr.P.C. has been preferred against the judgment and order dated 1.6.1998, passed by Sessions Judge, Almora in S.T. No. 6 of 1994, State Vs. Nitya Nand and three others, whereby the accused Nitya Nand Tewari, Smt. Lilawati, Km. Asha and Km. Hansi were convicted U/S 304-B I.P.C. and each of them were sentenced to undergo ten years R.I.

2. Brief facts giving rise to the instant appeal are that Smt. Bhagwati Devi, who was married to Satish Chandra son of accused Nitya Nand Tewari on 13.6.1991, has died due to burn injuries on 18.7.1993. Accused Nitya Nand Tewari is father-in-law and Smt. Lilawati was mother-in-law of Smt. Bhagwati and the other two accused Km. Asha and Km. Hansi are the daughters of accused Nitya Nand. Nitya Nand had one son Satish Chandra, who was working in Military at Kumaon Regimental Centre, Ranikhet, Family of accused Nitya Nand was living in village Vijaipur, Dwarahat.

3. The occurrence had taken place on 18.7.1993. The written report of the occurrence, Ext. Ka.1, was lodged by accused Nitya Nand himself. Accused Nitya Nand has mentioned in the written report that on 18.7.1993 at about 10 a.m. the daughter-in-law Smt. Bhagwati had sprinkled kerosene oil upon her and committed suicide by burning herself. He further mentioned in the F.I.R. that he had gone to market and the two daughters Km. Asha and Km. Hansi, along with their mother had gone to jungle for cutting grass. The daughter-in-law was left at the house for safety of the house. When he returned to home at that time his two daughters and his wife had also returned there and they found the daughter-in-law burnt in the room.

4. On receiving information about the occurrence, the Patwari left for the place of occurrence. He found one Jeri-can of kerosene oil near the body of the deceased. According to the Patwari he had received the information at 2 P.M. through two persons informing him that the daughter-in-law of Nitya Nand had committed suicide. When he reached at the spot, the report was given by Nitya Nand to the Patwari at 3 P.M. at his residence. He inspected the spot and started inquest proceeding on 18.7.1993 at 3 P.M. in village Vijaipur. The distance of village Vijaipur from the Patwari Chauki is about two kilometres. He appointed Sri Deokinandan Tewari, Mohan Chandra Tewari, Nitya Nand Tewari, Diwan Singh and Ganesh Chandra Tewari, as panches for conducting the inquest proceeding and prepared inquest report Ext. Ka. 2. On inspection the Patwari found that no ornament was there on the body of the deceased except one pair of paijeb on her legs. The total body was burnt. The hair of the head had singed. The tongue of the deceased was protruding and it was in between the teeth. The total clothes from upper portion to the lower portion were burnt. There was one match box and a jeri-can of five litres of kerosene oil, which was half-filled, near the place of occurrence. The articles kept in the room were not affected with the fire. The panches were not in a position to say as to why the deceased had committed the suicide. The patwari wrote letter Ext. Ka.7 to Superintendent of Civil Hospital, Ranikhet for conducting post mortem on the dead body. He also prepared challan lass, Ext. Ka.8, sealed the dead body and prepared sample seal Ext. Ka.9. The burnt clothes, match box and jeri-can were taken into custody by the Patwari from the place of occurrence and prepared its recovery memo, Ext. Ka.10. He also prepared site plan of the place of occurrence Ext. Ka.11 and sent the body for post mortem.

5. The post mortem on the dead body of the deceased Smt. Bhagwati Devi, was conducted by Dr. N.K. Pandey, and Dr. M.P. Singh on 19.7.1993 at 1 p.m. in Civil Hospital, Ranikhet. The Medical Officers found following anti-mortem injuries on the person of the deceased.

6. Ante-mortem burn present all over the body except part of buttock, back of abdomen, part of right fore-arm anterior side, b