JUDGMENT Lokeshwar Singh Panta, J.—Rattan Chand is the sole appellant herein. He was a teacher. He was charge-sheeted and tried alongwith his nephew Nirmal Kumar for an offence under section 120-B read with section 302 of the Indian Penal Code Appellant was also charge sheeted and tried for an offence under section 302, I. P. C for causing the death of his wife Jagdambo Devi alias Kiran Verma the deceased in this case, by pouring petrol on her clothes and setting fire. The occurrence is said to have taken place on 1-6-1992 at about 2.30 p.m. at place known as Mangarh. The Sessions Judge, Sirmour District at Nahan acquitted the appellant and co-accused under section 120-B read with section 302 of the Indian Penal Code However, the Sessions Judge convicted the appellant under section 302 of the Indian Penal Code on November 1, 1993 He was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 500. In default of payment of fine, the appellant shall suffer rigorous imprisonment for a further period of one year Through this appeal he has questioned his conviction and sentence The prosecution case briefly stated is as follows :— 2. Deceased Jagdambo Devi alias Kiran Verma was married to appellant in the year 1979. Three children were born out of the wedlock. Two are alive while one died soon after the birth. The behaviour of the appellant towards the deceased was not good from the very beginning. He used to ill treated her and subjected her to physical and mental torture. She was fed up with the attitude of the appellant. Once she left the matrimonial home and started living with her sister at a place called Amb in Una District. Appellant accompanied by his brother, brothers wife and some other persons went there and tried to bring her back by use of force. The Police was brought to the scene by the neighbour of the deceaseds sister and the appellant was taken into custody and finally a case under sections 107/151 of the Criminal Procedure Code was instituted against him in the Court of Executive Magistrate at Amb. The Police was brought to the scene by the neighbour of the deceaseds sister and the appellant was taken into custody and finally a case under sections 107/151 of the Criminal Procedure Code was instituted against him in the Court of Executive Magistrate at Amb. A petition for divorce under section 13 of the Hindu Marriage Act was also filed by the deceased in the Court of District Judge, Una which was returned to her with the order that the said Court did not have the territorial jurisdiction. The deceased then filed another petition in the Court of District Judge, Hamirpur and during the pendency of that petition, the appellant managed to win over the deceased by use of oily tongue and took her back to his place of posting. The said petition was not prosecuted and the same was dismissed on account of non-appearance of the deceased. A petition under section 9 of the Hindu Marriage Act for the restitution of conjugal rights had also been filed by the appellant. That too was dismissed for want of appearance of the appellant, because it appeared that during the pendency of that petition, the deceased had joined his society. 3. In the year 1992 appellant and the deceased alongwith their two male children used to live in a village Mangarh, Tehsil Pachhad, District Sirmour where the appellant was employed as a Language Teacher in the Government High School. Nirmal Kumar cousin of the appellant had been staying with the appellant and the deceased in Mangarh for about a month prior to 1-6-1992 when the deceased suffered burn injuries to the extent of 60% which ultimately resulted in her death on 18-61992. Two accused are alleged to have hatched a conspiracy to eliminate deceased Jagdambo Devi because appellant was not having good relations with the deceased and also because he suspected her fidelity. Appellant sought the permission of the Headmaster High School, Mangarh to leave the school around 10.30 a m on 1-6-1992 on the pretext that he wanted to go to village Daro Deveria to borrow money from a colleague employed there in a Government School. The Headmaster told the appellant that he could leave the school either by giving a leave application or he could go after the school hours, but the appellant left the school before 11 a m. The appellant and his nephew went to his house. The Headmaster told the appellant that he could leave the school either by giving a leave application or he could go after the school hours, but the appellant left the school before 11 a m. The appellant and his nephew went to his house. Around 11 am, they left the house with a scooter belonging to appellant Thereafter the deceased went to sleep on a mat which she spread on the floor on one of the two rooms of a rented house taken from one Narinder Singh of village Maugarh. Around 2.30 p.m. the deceased felt that something cold had been sprinkled on her body and soon she felt the heat of fire and when she woke up she spotted the appellant going out of the room through the back door which opened in the verandah in front of the kitchen Soon she was in flames. She cried for help. On hearing her cries, her landlords son Vinod Kumar (PW-1) who was present in his shop situated in the ground floor of the same building in which the occurrence took place rushed to the scene. His three friends namely Gopal, Han Mohan (PW-13)-and Ram Singh who happened to be in the shop at that time also went with him. All of them threw upon the deceased water which they collected from the kitchen and extinguished the fire. The fire spread rapidly with strong flames on account of pouring of combustible liquid due to which the clothes which the deceased was wearing were completely burnt. The deceased had become almost naked when fire was extinguished. On inquiry by persons who extinguished the fire, the deceased told them that she had been set on fire by her husband, who after causing the fire disappeared through back door which opened in the verandah PW Vinod Kumar then went to the school where the appellant was employed. He went to the Headmaster and enquired about the appellant, Shri Jagat Singh (PW-3) the Headmaster told him that the appellant was absent from the school PW Vinod Kumar then informed the Headmaster that the appellants wife had caught lire and according to her declaration she had been set on fire by her husband. He went to the Headmaster and enquired about the appellant, Shri Jagat Singh (PW-3) the Headmaster told him that the appellant was absent from the school PW Vinod Kumar then informed the Headmaster that the appellants wife had caught lire and according to her declaration she had been set on fire by her husband. PW Vinod Kumar then went to the Primary Health Centre where only a Female Health Worker namely Nalini Vaidya (PW-9) was present, He brought that Female Health Worker to the scene who helped the deceased to wear another set of clothes to cover her naked body. PW Naliui Vaidya was informed by the deceased that she had been set on fire by her husband, PW Vinod Kumar then gave a telephonic call to the Police at Sarahan. The S. H. O. of Police Station, Pachhad Shri Garka Ram (PW-23) reached the spot around 5.30 p.m. He recorded the statement of the deceased (Ex. PCC). The statement was sent to the Police Station on the basis of which F L R. No, 17 of 1992 (Ex. POD) was registered at Police Station Pachhad, Injured Jagdambo Devi was sent to the Primary Health Centre Sarahan under the care of PW Ms. Nalini Vaidya for her medical treatment. The Investigating Officer started investigation. He took into possession a plastic can containing four litres of petrol from the room in which the injured was found lying with burn injuries. In the verandah behind that room an empty glass botle smelling of petrol was spotted which was also taken into possession. A sample was filled from the contents of the can in a nip and thereafter the can and the nip were sealed From the room partly burnt mat, a woollen blanket, a piece of burnt shirt, a piece of burnt salwar, partly burnt brassier and an underwear of the deceased were taken into possession. A match box lying on the backside of the house just close to the verandah was also taken into possession. At the Primary Health Centre, Sarahan a dying declaration (Ex. PJ) of Ms. Jagdambo was recorded on 2 6-1992 in the presence of Executive Magistrate Ramesh Kumar Sharma (PW-4). The declaration was signed by the deceased herself as well as Executive Magistrate. At the Primary Health Centre, Sarahan a dying declaration (Ex. PJ) of Ms. Jagdambo was recorded on 2 6-1992 in the presence of Executive Magistrate Ramesh Kumar Sharma (PW-4). The declaration was signed by the deceased herself as well as Executive Magistrate. The Doctor recorded a certificate that the said statement had been made in his presence and the maker of the statement was conscious and fit to make it. The same day, the deceased was shifted to the District Hospital, Nahan as better medical facilities were available where she succumbed to burn injuries on 18-6992. The inquest was conducted by the Police and thereafter on the request of the police autopsy on the dead body was conducted by Doctor Ajay Kumar Gupta (PW-12). On completion of the investigation, challan was presented against the appellant and his nephew for the aforementioned offences in the Court of Chief Judicial Magistrate, Sirmour at Nahan who committed the case to the Sessions Judge for trial. 4 The prosecution with a view to connect the appellant and co-accused with the crime relied upon the following pieces of evidence :— 1. Two oral dying declarations alleged to have been made to Vinod Kumar (PW-4), Nalint Vaidya (PW-9) and statement of Hari Mohan (PW-13); 2. A statement under section 154, Cr. P. C. (Ex, PCC) made by the deceased and reduced into writing by S. I. Garka Ram (PW-23); 3. One dying declaration reduced into writing by constable in the presence of Executive Magistrate (PW-4) (Ex, PJ) ; 4. Medical evidence of Doctor Ashwani Kumar Tomar (PW-5) ; 5. Alibi of the appellant. 5. The trial Court after analysis of the evidence on record believed the dying declarations and found the appellant guilty of the offence of murder of his wife and convicted and sentenced him as aforesaid. The appellant and his nephew Nirmal Kumar were acquitted under section 120-B read with section 302 of the Indian Penal Code. 6. 5. The trial Court after analysis of the evidence on record believed the dying declarations and found the appellant guilty of the offence of murder of his wife and convicted and sentenced him as aforesaid. The appellant and his nephew Nirmal Kumar were acquitted under section 120-B read with section 302 of the Indian Penal Code. 6. Shri T. R. Chandel, learned Counsel for the appellant submitted that the deceased had serious burns on her and it would not have been possible for her to make dying declarations and that PW-4 Executive Magistrate had not recorded the dying declaration in his own hand and the same was got recorded from a constable who had not truely recorded the same in the words of the deceased and that his evidence itself shows that the deceased would not have been in a position to make declaration. It is also his submission that PW-4 did not record the same in the form of questions and answers and the statement recorded by him cannot be taken to be true version alleged to have been given by the deceased, Similarly, the dying declaration Ext. PCC alleged to have been made by the deceased under section 154, Cr P. C. was not the true version of the statement of the deceased as she was not in a fit condition to make that statement. In support of his submission, he has relied upon Tapinder Singh v. State of Punjab and another, AIR 1970 SC 1566; Mani Ram v, State ofMadhya Pradesh. 1994 Suppl (2) SCC 539 and Shakuntala v State of Punjab, AIR 1994 SC 220. The ratio of these decisions has laid down the law that a dying declaration is admitted in evidence on principles of necessity. The fact that it is not tested by cross-examination on behalf of the accused merely serves to put the Court on its guard by imposing on it an obligation to scrutinize all the relevant circumstances. If the dying declaration is acceptable as truthful then even in the absence of other corroborative evidence the Court can act upon it and convict the accused It is well settled to base a conviction on the basis of dying declaration, the Court must satisfy that it is wholly reliable and it should not suffer from any major infirmity. 7. If the dying declaration is acceptable as truthful then even in the absence of other corroborative evidence the Court can act upon it and convict the accused It is well settled to base a conviction on the basis of dying declaration, the Court must satisfy that it is wholly reliable and it should not suffer from any major infirmity. 7. In this case the prosecution has examined Vhjod Kumar (PW-I) and Nalini Vaidya (PW-9) a female Health Worker to prove two oral dying declarations made to them by the deceased. PW-1 deposed that on 16-1992 around 2.30 p.m. when he was present in his shop alongwith three of his friends namely Gopal, Hari Mohan and Ram Singh who had come to buy certain commodities from his shop, he heard the shrieks of the deceased and went running to the upper storey where the-deceased along with her husband and children lived as tenants of his father and noticed the deceased lying on mat with her clothes on fire and he and his friends threw water on her body which they procured from the kitchen. He further stated that after the fire had been extinguished, he covered the body of the deceased with the blanket because she had become almost naked due to burning of her wearing apparels. He further deposed that the appellants wife told him and his friends that she had been set on fire by her husband, who after committing the mischief had absconded through the back door. Further, he has stated that he gave a telephonic call to the Police around 3.30 p.m and also went to the Hospital and brought a lady who was either a nurse or a mid-wife to take care of the deceased. He also stated that he went to the school to inform the Headmaster (PW-3) about the incident and that the Headmaster told him that the appellant was absent from the school since 11 or 11.30 a m. on the day of occurrence and he maintained that around 4.30 or 5 p m the Police reached the spot and they took into possession one can containing some quantity of petrol and one empty bottle which was smelling of petrol and a match box which was lying on the ground floor below the verandah on the back side of the room where the occurrence took place. 8. 8. The prosecution has also examined Naktu (PW-10) and Hari Mohan (PW-13) the two customers of PW-1 Vinod Kumar who were allegedly present at his shop at the time of the occurrence. Naktu alias Jagdeep has deposed that around 2.30 pm when he and some of the customers were present at the shop of PW Vinod Kumar, shrieks of a lady erupting from the upper storey of the building in which the shop is located were heard and that on hearing those shrieks PW Vinod Kumar, he, one Gopal and PW Hari Mohan went upstairs and saw appellants wife aflame. They all threw water on the deceased and extinguished the fire and there after covered her body with a blanket. 9. Hari Mohan (PW-13) has corroborated the version of PW Vinod Kumar. He also stated that the appellants wife told them that she had been set on fire by her husband. Ms Nalini Vaidya (PW-9) was a female Health Worker posted at Primary Health Centre, Mangarh at the relevant time. She testified that on 1-6-1992 when she was on duty PW Vinod Kumar came there around 2.30 p.m. and told that Master jis (appellants wife) was got burnt and that she had been set on fire by Master Ji himself and after setting her on fire he has absconded. She stated that she went with PW Vinod Kumar to Master Jis place. On reaching there she found the wife of the appellant sitting, with burn injuries on her body and she was completely naked. On inquiry the wife of the appellant told her that she had been set on fire by her husband and that after committing the said act he had gone away. 10. The statements of PWs Vinod Kumar, Hari Mohan and Ms. Nalini yaidya would go to show that the deceased was in a fit condition to make dying declarations to them in which she categorically stated that it was the appellant her husband who set the deceased on fire. These witnesses are disinterested persons and they have no enmity with the appellant nor they shown to have any acquaintance with the deceased or her parents. They are all independent witnesses and there cannot be any reason to disbelieve their testimony or not to act upon the same. 11. S.I Garka Ram (PW-23) reached at the spot around 5.30 pm. on 1-6-1992. They are all independent witnesses and there cannot be any reason to disbelieve their testimony or not to act upon the same. 11. S.I Garka Ram (PW-23) reached at the spot around 5.30 pm. on 1-6-1992. He recorded the statement of the deceased which is Ext. PCC. In the said statement the deceased got recorded that the appellant had not been having cordial relations with her from the very beginning. She also pot recorded that on the day of occurrence around 11 a.m. ; appellant accompanied by his nephew Nirmal Kumar left on a scooter from the house and thereafter she went to sleep on a mat and at or about 2.30 p.m. she was woken up from sleep when she felt heat of fire and on waking up she noticed that she was on fire and the appellant was getting out of the room through the backdoor On the basis of this statement F. I. R. (Ext. PDD) was registered at Police Station Pachhad and a copy of the same was received in the Court of the Chief Judicial Magistrate, Nahan on 2-6-1992 at 10 05 am. The learned Counsel for the appellant has challeng ed the genuineness of this statement by contending that the statement has been fabricated and manipulate 1 much later. We are afraid we cannot accept this contention S I Garka Ram (PW 23) has stated that he recorded the statement (Ex. PCC) of the deceased under section 154. The same statement was spot to the Police Station for recording F. I. R, (Ext. PDD). There is no evidence on record to show that this statement of the deceased is a manufactured one, 12. Second dying declaration (Ext. PJ) was recorded at Primary Health Centre, Sarahan on 2-6-1992 in the presence of Shri Ramesh Kumar Sharina (PW-4) Executive Magistrate, Sarahan and Doctor Ashwani Kumar (PW-5). Shri Ramesh Kumar Sharma (PW-4) has stated that on a day of first week of June 1992, when he had gone to take meals at his place during lunch hour, he received a telephonic call from the Police Station, Sarahan that a lady with burn injuries was admitted in the Hospital and that her statement was to be recorded in his presence. He finished his meals hurriedly and went to the Police Station and from there accompanied by a constable he went to the hospital where he contacted the Doctor and inquired from him if the patient was fit to make the statement and Doctors declaring that she was fit, he got her statement recorded from the constable. He has stated that he questioned the lady and on the basis of the answers given by her he dictated the statement to the constable and the record of this statement is Ext P-5. He has further stated that the statement was signed by the declarant with her left hand because gulucose dripper was fitted in her right arm. He has further stated that Doctor recorded his certificate at the foot of the statement that the statement had been recorded in his presence and that the lady was fit to make the statement. The statement recorded on the dictation of the Executive Magistrate reads that on 1-6-1992 at about 2 30 p.m. when the maker of the statement was asleep in her room her husband Rattan Chand set her on fire due to which her body was burnt to such an extent that she could die any moment. 13. Doctor Ashwani Kumar (PW-5) corroborated the statement of the Executive Magistrate and the dying declaration made by the deceased in his deposition. He has stated that on 2-6 1992 around 1 pm. he informed the Police that the statement o" the patient was to be recorded immediately as she was to be shifted to District Hospital, Nahaa since he felt that she might not survive. He has farther stated that around 3 p.m. Executive Magistrate accompanied by a constable came to hospital and asked him if the patient was fit to make the statement and that thereafter he questioned the lady and felt satisfied that she was conscious and was in a position to speak and so he permitted the recording of her statement. He has further stated that thereafter the lady made a statement in his presence that when she was asleep in her house she felt that something cold had been sprinkled on her body and then all of a sudden her clothes caught fire and then she opened her eyes and looked towards back side. She saw her husband exiting towards bad door. She saw her husband exiting towards bad door. He has stated that her statement was reduced into writing and the same is Ext. PJ and his certificate is Ext. PJ/1 certifying that the lady was conscious and fit to make statement and the statement had been recorded in his presence. It is in his evidence that percentage of burn injuries all over the body of the deceased was around 60%. He states that burn injuries appeared to have caused by flame of some kerosene like petroleum product. 14. The learned Counsel for the appellant has challenged the evidence of PW 4 and PW 5 on the ground that the constable scribe of the statement of the deceased was not produced and no reliance can be placed on such dying declaration. It is true that the scribe has not been produced by the prosecution nor any explanation has been given for non- examination. We are constrained not to accept this contention. Similarly, the contention that since the dying declaration was not in question and answer form it must be discarded altogether is not correct. The Executive Magistrate R. K Sharma and Doctor Ashwani Kumar Tomar deposed that injured Jagdambo did tell to them that she was set on fire by her husband. She gave them this information when they put her questions as to how such incident occurred Doctor Ashwani Kumar says that she was in a fit state of mind and was able to make the dying declaration in question This dying declaration is admissible in evidence and cannot be discarded. The dying declaration is true and voluntary. It is not the case of the defence that injured Jagdarnbo gave a tutored version. The evidence of the Doctor is relevant and important. We have already referred to the evidence of the Doctor as well as that of the Executive Magistrate above. We find absolutely no infirmity worth mentioning to discard their evidence. It therefore, emerges that dying declaration (Ex. PJ) is recorded by independent witness and same gives a true version of the occurrence as stated by the deceased. Thus, it follows that all the four alleged dying declarations can be relied upon and they have been proved to have been made by the deceased to the satisfaction of the Court. 15. The law laid down in State of Punjab and others v. Ram Singh Ex. Thus, it follows that all the four alleged dying declarations can be relied upon and they have been proved to have been made by the deceased to the satisfaction of the Court. 15. The law laid down in State of Punjab and others v. Ram Singh Ex. Constable, AIR 1992 SC 2188 ; Padmaben Shamalbhai Patel v. State of Gujarat, 1991 (1) Crimes 349 and Jose and others v. State of Kerala, 1994 (3) Scale 813, may be referred to in this behalf. 16. We find that the dying declarations have been corroborated by other circumstantial evidence. A can containing about four litres of petrol was recovered from the room in which the deceased was found lying burnt which was taken into possession by the Police, An empty bottle which smelt of petrol was found lying in the verandah approachable from the backdoor of the room in which the deceased was sleeping and that was also taken into possession. A match box containing five match sticks was found lying on the backside of the verandah on the ground floor. S I. Garka Ram (PW 23) has stated that an empty bottle smelling of petrol was found lying in the verandah on the back side of the room and a match box was found lying below the verandah on the ground floor and he took these articles into possession His deposition is corroborated by Harinder Datt (PW 2) one of the attesting witnesses of the recovery memos. The bottle (Ext. P-2) had been sent to the Director Forensic Science Laboratory, Shimla who vide report, (Ex. PJJ) opined that it had traces of petrol. The recovery of these articles from the verandah on the back side of the room and below the verandah on the ground floor corroborate the dying declaration of the victim that the appellant after setting her on fire escaped through the back door. 17. Learned Counsel for the appellant then urged that it appears to be a case of suicidal death In this submission he placed reliance upon a letter (Ext. DK) allegedly written by the deceased to some Oculist at Jodhpur in Rajasthan. The appellant has examined his son (DW 6) aged about 11 years to prove this letter. 17. Learned Counsel for the appellant then urged that it appears to be a case of suicidal death In this submission he placed reliance upon a letter (Ext. DK) allegedly written by the deceased to some Oculist at Jodhpur in Rajasthan. The appellant has examined his son (DW 6) aged about 11 years to prove this letter. The witness has stated that letter (Ext DK) had been handed over to him by his mother for being delivered to Luxmi Narain Gir, a holy man of village Machher about 4-5 days before she got burnt. He has stated that, his mother had instructed him that the letter be handed over to the said holy man on his visit to that house. He deposed that since he did not visit that place, the letter remained with him and he had passed it to his fathers brother. 18. We have gone through the contents of this letter. The letter gives impression that the deceased wanted that the appellant would marry her younger sister, who was suffering from Polio and as there was nobody to take care of her so she requested the addressee to create hatred in the mind of the appellant for her during his visit to his place at Jodhpur around 7th or 8th June, 1992 so that he deserted her and married her younger sister voluntarily. We are not impressed by the statement made by this child witness. The possibility of appellant having tutored his child cannot be ruled out because child is solely dependant upon the appellant and is also under his influence because he lives under his care and custody. This letter appears to have been manipulated after the death of the deceased. It is not possible that the child would have retained the letter with him for such a long time and waited for its production till he was examined in the Court on 25-8-1993. Secondly, even if it is assumed that the letter was written by the deceased to an Oculist it does not advance the defence plea that the deceased committed the suicide. 19. Secondly, even if it is assumed that the letter was written by the deceased to an Oculist it does not advance the defence plea that the deceased committed the suicide. 19. The learned Counsel for the appellant also urged that no burn injuries were observed on the hands of the deceased by Doctor Ashwani Kumar also indicated that this was a case of suicide, He argued that had the act of the burning of the deceased being homicidal, she must have tried to extinguish the fire by using her hands and in that process her hands were bound to suffer burn injuries. True it is that no burn injuries were found by the Doctor on hands of the deceased, non-existence of injuries on the hands of the deceased will have no bearing on the facts and circumstances of the case. The defence has not cross-examined the Doctor who was the best witness to give plausible explanation for the absence of burn injuries on the hands with respect to this aspect of the matter. The mere fact that the deceased had no burn injuries on his hands will not suggest that this is a case of suicidal burn. 20. Doctor Ajay Kumar Gupta (PW 12) was posted as Medical Officer at District Hospital Nahan in June 1992. He stated that Jagdambo an indoor patient died on 18-6 1992. He conducted the post-mortem examination on her dead-body He prepared Post-mortem Report (Ex. PP). According to his opinion, the cause of death was infection after extensive burns. The burn injuries were suppurative. Therefore, the medical evidence is definite that the deceased died because of burn injuries. 21. The last contention of the learned Counsel for the appellant that the appellant on the day of occurrence had left his place of posting at about 10.30 a m. and had gone to Shimla to submit his thesis is not proved. The plea of alibi raised by the appellant in the facts and circumstances of the case appears to have been conceived by him even before commission of the crime. The plea of alibi raised by the appellant in the facts and circumstances of the case appears to have been conceived by him even before commission of the crime. From the evidence we find that he wrote a letter to his colleague working in Government School in village Daro Devria on 25-5-1992 stating therein that he would be visiting the latters place on 1st or 2nd June, 1992 to borrow an amount of Rs 1,000 or Rs 1,500 which he required for his visit to Jodhpur from 7th June to 14th June, 1992. Similarly, he requested the headmaster of the school Shri Jagat Singh (PW 3) on 1-6-199? to permit him to leave the school from 10.30 a.m. because he wanted to go to village Daro Devria This fact is proved by unchallenged testimony of PW 3 Jagat Singh Headmaster, But Pankaj (DW 6) son of the appellant had deposed that on the day his mother got burnt, his father had gone to Shimla In the cross-examination, he stated that he knew this thing because his father had told him in the morning when he was going to school that the appellant would be going to Shimla. The conduct of the appellant in telling his son Pankaj that he would be going to Shimla and at the same time seeking leave from the Headmaster (PW 3) on the ground that he wanted to go to village Daro Devria suggests that the appellant wanted to create the evidence of alibi The appellant in his statement under section 313, Cr. P. C pleaded that on 1-6-1992 around 11.30 or 12 noon he went with Nirmal Kumar to Shimla on scooter to get his thesis signed from Doctor Orn Prakash Sarswat, Department of Hindi, Directo rate of Correspondence Course, Himachal Pradesh University Shimla, He reached Shimla on that day around 4 30 p. m. and delivered one copy of that thesis to the above named guide and obtained his signatures on the second copy which he retained with him. Thereafter, on that very day he delivered a letter in Department of Hindi, H. P. University that he may be informed about the date of viva voce and thereafter, he went to a place called Cheli near Summer Hill and spent the night thereat the place of one Ashwani Kumar. Thereafter, on that very day he delivered a letter in Department of Hindi, H. P. University that he may be informed about the date of viva voce and thereafter, he went to a place called Cheli near Summer Hill and spent the night thereat the place of one Ashwani Kumar. In support of his plea of alibi the appellant has examined two witnesses to prove that he was at Shimla on the fateful day. Om Prakash Sarswat (DW 1), Reader in Hindi in Directorate of Correspondence Course, H P. University had stated that on 1-6-1992 appellant Rattan Chand submitted his thesis book (Ex, DW I/A) to him in his office in the H. P University Summer Hill Shimla In his cross-examination, he stated that book was submitted to him around 4 or 4,30 p. m. but he has contradicted his statement about the factum of date and time in his further cross-examination in which he has stated that he has no personal knowledge as to the day and the time of the submission of the book by the appellant to him, but he has stated the same on the basis of the date recorded in the certificate (Ext. DW 1/A/l), stitched in the book itself and forming the first page of the book. A perusal of the book would show that only the date regarding submission of the thesis is mentioned in the certificate, whereas the time is not mentioned. Therefore, the statement of the witness regarding the exact time of the submission of the thesis book may not be conclusively said to be correct. The trial Court is right in holding that even if it be assumed that the book was actually presented by the appellant to DW 1 on 1-6 1992 around 4 30 p. m. that would not prove his defence of alibi because the appellant could have covered the distance to the place where he submitted his book in two hours time on his scooter as the distance between Mangarh and Summer Hill Shimla is about 75 kilometres. 22. Ashwani Kumar (DW 8) was doing M.Sc. in Mathematics from Himachal Pradesh University at the relevant time. He has stated that on 1-6-1992 appellant and his nephew came to his place in village Chaili when it had grown dark. We find that his statement is not reliable. 22. Ashwani Kumar (DW 8) was doing M.Sc. in Mathematics from Himachal Pradesh University at the relevant time. He has stated that on 1-6-1992 appellant and his nephew came to his place in village Chaili when it had grown dark. We find that his statement is not reliable. In his cross-examination he stated that the appellant had never stayed with him before that day. In his cross-examination, he has further stated that he knew the day and the date of the visit of the appellant to his house because around 26-7-1992 or 27-7-1992 he had read in the Indian Express about the death of the appellants wife and the registration of a criminal case against him on the charge of murdering his wife. It is a matter of common know ledge that in the month of June, it starts growing dark around 7,30 or 8 00 p. m. in Shimla. That means the appellant and his nephew might have gone to the place of this witness around that time. Thus, the testimony of this witness does not in any way prove the defence of alibi. No other point was urged by the learned Counsel for the appellant. 23. Cumulatively, therefore, we are of the firm view that the prosecution has proved its case beyond any reasonable doubt and that the learned Sessions Judge was fully justified holding the appellant guilty of the charge. Order of conviction and sentence is unassailable. Consequently, we affirm the judgment of the learned Sessions Judge and dismiss this appeal. The appellant is on bail. Bail bond will stand cancelled. The appellant will surrender forthwith and serve out the remaining part of the sentence. 24. Before parting with this case, we record our appreciation to Mr. T. R Chandel, for his assistance rendered to us and argued the case with his usual vehemence. Appeal dismissed.