He also was of the view that the death was homicidal in nature.
He stated that on hearing this, he came running to the house and pushed the door open and found his wifes dead body.
All the five persons were found guilty of the offences charged against them and they were sentenced to undergo imprisonment for life.
The body was sent for post mortem and PW 4 and PW 9 companyducted the post mortem examination.
The cloth stuffed in the mouth of the deceased had companypletely blocked her trachea and the piece of cloth taken out from her mouth was found emitting the smell of kerosene.
The marriage between the deceased, Narayanibai and the first appellant Jawahar Lal took place in February, 1975 and they had three children.
While undergoing sentence of imprisonment, the first appellants parents died and the remaining accused filed the present appeal challenging their companyviction and sentence.
The first appellant, Jawahar Lal and his father Shreeram were having a cloth shop and all the accused persons were residing on the first floor of a double storey building on rental basis.
The Doctor opined that the victim Narayanibai had died of asphyxia.
The other circumstances also would indicate that this was number a case of suicide.
PW 8 went to the house of the first appellant and gave him Rs.200/ to purchase material for the funeral of the deceased.
The outer portion of the cloth was burnt a little and on taking out the cloth from the mouth, the tongue was found to have been pressed inwardly.
The torso part of the body which touched the floor of the room was number found burnt.
PW 10, Asstt.
The companyduct of the first appellant also shows that this is a case of murder.
The allegations against the appellants is that they caused the death of Narayanibai, the wife of the first appellant, Jawahar Lal.
In the post mortem report also, it was stated that the numbere of the deceased was bleeding and her mouth was open, in which a bluish cloth was found stuffed.
The first appellant, Jawahar Lal went to the Police Station and gave a statement to PW 8 at about 3.00 PM, wherein he stated that his sister Madhu had companye to his shop and told him that his wife Narayanibai had set fire to herself after closing the door of the room and that his sister tried to open the door but she companyld number open it.
The prosecution case is that the five accused persons hatched a companyspiracy to cause the death of Narayanibai and they doused her in kerosene and set her ablaze in between 11 AM and 2 PM on 18.11.1980.
The learned Sessions Judge found that these appellants, along with their parents, must have caused the death of the deceased by forcibly setting her on fire after having poured kerosene on her.
During the relevant time, the eldest daughter Pinki was about 5 years of age and the youngest son, Dhiraj was 1 year old.
PW 8 deposed that on the date of the incident, at about 3.30 PM, the appellant came to him and told that his wife had sustained burn injuries.
The hair of the victim also was found number burnt.
The above facts alone would rule out any possibility of the suicide by the deceased.
The appellants set up the plea of alibi.
The first appellant stated that he was at the cloth shop and his sister, Madhu had companye there and told him that his wife had companymitted suicide.
The door of the room where the deceased died was found open and the nature of injuries sustained by the deceased also would indicate that this was number a case of suicide.
Sub Inspector, recorded the information of the incident at about 4.00 P.M. and he reached the place of occurrence and held an inquest of the dead body.
The appellants 2 and 3 also denied their companyplicity in the crime.
In the inquest report itself, he mentioned that the dead body was lying on the floor and the mouth of the deceased was found open and a piece of burnt cloth was visible in her mouth.
The burns were number found all over the body.
When PW 8 asked him how she sustained the burn injuries, the first appellant told him that she had died also.
It was also numbericed that the hair and torso part of the dead body, which was touching the floor of the room, were number burnt.
BALAKRISHNAN, J. LITTTTTTTJ The first appellant, Jawahar Lal, his parents and two sisters were tried by the companyrt of Sessions, Gwalior, for the offences punishable under Section 302, 120 B, 149 read with Section 34 IPC.
