Judgment P. C. JAIN, J. ( 1 ) THE accused-appellant has filed this appeal against the judgment of the learned Addl. Sessions Judge No. 1, Jodhpur dated 16-11-1993 whereby the learned Addl. Sessions Judge convicted the accused for the offence under Section 302, IPC and sentenced him to life imprisonment with fine of Rupees 2,000/ -. In default of payment of fine the accused was ordered to undergo six months rigorous imprisonment. ( 2 ) THE prosecution case may be briefly stated as follows. On 17-2-1992 at about 2. 00 p. m. the accused-appellant sent a report to Police Station Pratapgarh. It was stated that in the report that between the night of 16-2-1992 and 17-2-1992 he was sleeping with his wife deceased Smt. Vimla. At about 1. 30 a. m. he went to the toilet and while he was returning, his mother called him and told that she was having headache and asked to apply pain-balm. While returning from his mothers bed-room he saw flames coming out from his bed-room. He wanted to enter the room but it was bolted from inside. He, therefore, summoned his parents and brother and also the neighbourers. He pushed the door of the bed-room. As a result of pressure the door opened. The accused and other persons were greeted with a ghastly sight. His wife Vimla was sitting near the bed and was on fire. He removed his infant daughter and poured water over his wife. The other articles of the room also caught fire. On receipt of this report the A. D. M. City Shri J. K. Bansal, PW 9, was informed. He reached the site along with Dy. S. P. The site was inspected and site memo Ex. P1 was prepared. Site plan Ex. P-2 was also prepared. The inquest report Ex. P-3 was prepared and it was held that Smt. Vimla died on account of burn injuries. The Dy. S. P. Shri Giriraj Misra, PW 20, investigated the case. The accused was arrested. Other accused were also arrested. While in police custody the accused-appellant furnished an information on 26-2-1992 (Ex. P-24) under Section 27 of the Evidence Act to the effect that he had concealed the kerosene jerican in the basement of his house and that he was prepared to get it recovered. Pursuant to the above information the accused got the kerosene jerican recovered from the above place. P-24) under Section 27 of the Evidence Act to the effect that he had concealed the kerosene jerican in the basement of his house and that he was prepared to get it recovered. Pursuant to the above information the accused got the kerosene jerican recovered from the above place. It was seized and sealed. The accused also furnished another information while in police custody in pursuance whereof some pieces of paper were recovered which were concealed beneath the sand on the chabootra of the house of the accused. According to the information of the accused he had prepared an application for divorce to be submitted to the Family Court. ( 3 ) A Medical Board was constituted by the A. D. M. City consisting of Dr. N. S. Kothari, Dr. S. P. Singh and Dr. Vivek Bhatnagar to conduct postmortem on the body of Smt. Vimla. The above Medical Board conducted postmortem on 17-2-1992 at 3. 15 p. m. The post mortem report is Ex. P28. The Medical Board found the whole body of Smt. Vimla containing extensive burn injuries of 3rd and 4th degree. The important thing that the Medical Board found was that a piece of burnt cloth was protruding from Vimlas mouth. The doctors opened her mouth and a yellow coloured rolled cloth was taken from her month. The cloth was measured. It was 22 cm. x 6 cm. According to the opinion of the Board Smt. Vimla died of asphyxia as a result of suffocation induced by gagging of the above piece of cloth in her mouth. The Investigating Officer examined the material witnesses. He also collected the various letters written by Smt. Vimla to her father, husband and brother. Letters written by Shri Bhanwarlal, father of the accused, were also recovered. After collecting the incriminating evidence a charge-sheet was filed against the accused and other family members in the Court of Committing Magistrate who committed the case to the Court of Session. ( 4 ) THE learned Addl. Sessions Judge framed charges under Sections 302 and 304-B IPC against all the five accused. The accused pleaded not guilty and claimed to be tried. The prosecution has produced as many as 23 witnesses. The accused denied all the allegations and incriminating circumstances and alleged that he has been falsely implicated. The accused made the following special statement :-THE accused has not led any defence evidence. The accused pleaded not guilty and claimed to be tried. The prosecution has produced as many as 23 witnesses. The accused denied all the allegations and incriminating circumstances and alleged that he has been falsely implicated. The accused made the following special statement :-THE accused has not led any defence evidence. ( 5 ) THE learned Addl. Sessions Judge, after considering the various circumstances of the case came to the conclusion that the accused was sleeping with his wife on the night of occurrence. Smt. Vimla died as result of asphyxia caused by suffocation as a result of gagging of the cloth in her mouth. He ruled out the possibility of suicide because it was not possible that she could gag the cloth herself before setting herself on fire. The learned Addl. Sessions Judge also referred to the letters written by Smt. Vimla and concluded that the husband, father-in-law and the mother-in-law of deceased Smt. Vimla were not happy with Vimla because Vimlas father did not give enough dowry and customary sets of cloths. She was repeatedly tortured and also beaten on this account. On the basis of circumstantial evidence, the learned Addl. Sessions Judge held the accused guilty of the offence under Section 302, IPC. He, however, did not find any evidence against the other accused. The other accused were, therefore, acquitted. ( 6 ) WE have heard learned counsel for the accused-appellant and the learned P. P. for the State. ( 7 ) LEARNED counsel for the accused has challenged the conviction and sentence of the accused on the ground that the learned Addl. Sessions Judge did not consider the circumstances of the case properly and rationally. Learned counsel has pointedly urged that Smt. Vimla was suffering from intolerable stomacache and it was controlled when she wore a madalia on her neck and whenever madalia was removed, she was afflicted again with the above dragging malady. The above malady made Smt. Vimla nervous and depressed. At the time of the incident she was not having that maladia over her body. Smt. Vimla, therefore, became depressed and in the fit of depression wanted to commit suicide. Learned counsel has contended that in order to commit a successful suicide, Smt. Vimla wanted to ensure that when her body caught fire she should not let any shriek come out from her mouth. Smt. Vimla, therefore, became depressed and in the fit of depression wanted to commit suicide. Learned counsel has contended that in order to commit a successful suicide, Smt. Vimla wanted to ensure that when her body caught fire she should not let any shriek come out from her mouth. For that purpose she herself rolled the cloth and thrust it into her mouth and then poured kerosene and lighted the match-stick and put herself on fire. Learned counsel has also pointed out the fact that when the site was inspected the door was found in a damaged condition and a screw was also found lying there. This suggested that at the time of the above incident, the door of the bed-room was closed from inside. It was broken open and the above evidence corroborates this fact. He ridiculed the allegation that Smt. Vimla was tortured by her mother-in-law on account of inadequate dowary or non-supply of customary items like set of clothes etc. He referred to the letters written by Smt. Vimla to her husband which shows that the relation between the two was full of love. There was no reason why the accused could have committed murder of his wife to whom he loved so much. ( 8 ) LEARNED P. P. has referred to the letters, Ex. P-11 and Ex. P-12 which deceased Vimla sent to her father. In these letters Smt. Vimla clearly complained that she was tortured as her father could not give the customary dowry. She also complained that she was beaten by her husband at the instance of the her mother-in-law. She also stated that she was sent to her sister and in her absence her mother-in-law opened her box and took away all the ornaments. When she complained to her husband, the latter said that the above ornaments belonged to his mother. From the above it is clear that Smt. Vimla was treated cruelly by her in-laws and her husband did not pay any heed to her complaints. The accused even physically assaulted Vimla at the instance of his mother. Learned P. P. has analysed the circumstances of the case and submitted that the whole defence version is false, fabricated and impossible. There was no reason why Smt. Vimla could have committed suicide. The accused even physically assaulted Vimla at the instance of his mother. Learned P. P. has analysed the circumstances of the case and submitted that the whole defence version is false, fabricated and impossible. There was no reason why Smt. Vimla could have committed suicide. Though she was not having that madalia but there is no evidence that at the relevant time she was in the grip of unbearable pain. According to the medical evidence she died of asphyxia caused by the insertion of the cloth in her mouth. This cannot be done by the deceased. It is a very painful procedure. Even if it is assumed that she did she must have died as soon as the above gagging was complete. Thereafter, she could not have burnt herself by pouring kerosene. In the F. I. R. Ex. P-14 the accused categorically stated that on that night he was sleeping with his wife. In his statement under Section 313, Cr. P. C. the accused has stated that he was sleeping in another room. The explanation of the accused that he got up at 1. 30 a. m. and went to the toilet and on returning saw flames coming out of his room is totally false. The learned Addl. Sessions Judge has, therefore, correctly found the accused guilty of the offence under Section 302, IPC. ( 9 ) WE have considered the arguments and scanned the evidence. The whole case hinges on circumstantial evidence. ( 10 ) IT is now well settled that the circumstances from which the conclusion of guilt is to be drawn should be fully proved and those circumstances must be conclusive in nature to connect the accused with the crime. All the links in the chain of events must be established beyond a reasonable doubt and the established circumstances should be consistent only with the hypothesis of the guilt of the accused and totally inconsistent with his innosence. Reference may be made to Balwinder Singh v. State of Punjab, (1996) SCC (Cri) 59 : (1996 Cri LJ 883 ). After a careful apraisal of all the circumstances of the case we are convinced that the accused is guilty of the offence under Section 302, IPC. It is one of the most horrendous and cold-blooded murder of the young married girl, Vimla, of 19 years on the intervening night of 16-2-1992 and 17-2-1992. After a careful apraisal of all the circumstances of the case we are convinced that the accused is guilty of the offence under Section 302, IPC. It is one of the most horrendous and cold-blooded murder of the young married girl, Vimla, of 19 years on the intervening night of 16-2-1992 and 17-2-1992. Now we may enumerate the circumstances found and proved against the accused. ( 11 ) THE prosecution has alleged that on the marriage of Smt. Vimla with the accused, Ratanlal, father of Smt. Vimla, gave dowry according to his financial status. The accused and his family members were not satisfied and Vimla was subjected to mal-treatment and cruelty. The important witnesses examined by the prosecution are Ratanlal, P. W. 5, Smt. Chukia, mother of Smt. Vimla, P. W. 9, Shyamprakash, P. W. 10 and Shivprakash, P. W. 23. Ratanlal has stated that at the time of marriage there was no settlement of any dowry. After her marriage, Shri Ratanlal went to bring Vimla to his house but Bhanwarlal, father of the accused, did not send and complained that the former did not give enough dowry. After two months Bhanwarlal sent Vimla to Ratanlal. Vimla told her father that she had been married in a city but since adequate dowry had not been paid she was uncomfortable. She also stated that according to her in-laws the articles given by Ratanlal were of inferior quality. When Smt. Vimla became pregnant Shivprakash brought her to his house, then again Smt. Vimla complained of ill treatment. He, also stated about the receipt of two letters Ex. P-11 and Ex. P-12 from Smt. Vimla and Ex. P-13 from the accused. Smt. Chukia has also stated that whenever Smt. Vimla came from her in-laws house she complained about the harassment and cruelty on account of inadequate dowry. Shyamprakash, P. W. 10 is the brother of the deceased Smt. Vimla. He has stated that once when he went to leave Smt. Vimla to the house of the accused, Vimlas mother-in-law protested and complained that dowry and customary apparels were not given in the marriage. Vimla also complained that her mother-in-law exhorted the accused and the latter beat Smt. Vimla Shivprakash, P. W. 23 has also given a similar statement. We may refer to letters Ex. P-11 and Ex. P-12 which were admittedly written by Smt. Vimla to her father Ratanlal. Ex. Vimla also complained that her mother-in-law exhorted the accused and the latter beat Smt. Vimla Shivprakash, P. W. 23 has also given a similar statement. We may refer to letters Ex. P-11 and Ex. P-12 which were admittedly written by Smt. Vimla to her father Ratanlal. Ex. P-11 was probably in the month of August, 1991. Smt. Vimla wrote :ex. P-12 is also an in-land letter. In this letter Smt. Vimla wrote to her father : ( 12 ) THE contents of these two letters very eloquently proved that the in-laws of Smt. Vimla were not satisfied with the dowry given by Ratanlal on the marriage of Smt. Vimla. She was constantly tortured by her mother-in-law particularly in respect of insufficient set of apparels or dresses given by Ratanlal. It appears that her in-laws were demanding 22 apparels or dresses and only 11 were given. She has also stated that in her absence all the ornaments given by her father were taken out by her mother-in-law in her absence. When she complained of this act to her husband, he also supported his mother and told that she could not claim anything. Smt. Vimla also complained that she was being physically assaulted by her husband at the instigation of her mother-in-law. From the above it is clear that she was feeling totally isolated on account of inadequate dowry. Even her husband did not console or comfort her. On the contrary, he sided unreasonably with his mother. Hence from the contents of the above two letters the prosecution has been successful in proving that Smt. Vimla was tortured by her husband and in-laws. Hence the statement of Shri Ratanlal, Smt. Chukia, Shivprakash and Shyamprakash regarding torture of Smt. Vimla are fully corroborated by the above two letters. Hence the learned Addl. Sessions Judge was correct in holding that Smt. Vimla was tortured and physically assaulted by her in-laws on account of inadequate dowry or want of giving adequate number of apparels. ( 13 ) THE second most important incriminating circumstance against the accused is that he was in the bed-room on the night of incident with Smt. Vimla. Incidently it was the second marriage anniversary of the two. The accused in his statement under Section 313 Cr. P. C. has stated that on the night of the incident he was sleeping in a separate room. Incidently it was the second marriage anniversary of the two. The accused in his statement under Section 313 Cr. P. C. has stated that on the night of the incident he was sleeping in a separate room. When in the night he got up to go to the toilet he saw fire coming out from his wifes room. The door was closed from inside. He raised an alarm. The neighbourers came. When physical force was used to open the door it was opened. In the FIR Ex. P-14 he clearly stated that on the night of incident he and his wife were sleeping in the bed-room. He got up at 1. 30 a. m. and went to the toilet. When he returned his mother summoned him and told that she was having head-ache. She asked him to apply pain-balm. He applied the pain-balm and when he was returning he saw flames coming out from his bed-room. He pushed the door but found it closed from inside. He raised an alarm and then forcibly opened the door. If we compare the statement given by the accused under Section 313. Cr. P. C. and the FIR Ex. P-14 lodged by him at the Police Station it becomes clear that the accused is shifting his side in order to save his skin. There is no reason to disbelieve the version by the accused in his report Ex. P-14. According to this report the accused was sleeping in his bed-room with his wife. He tried to extricate himself from the suspicion of murder by giving an explanation that at about 1. 30 a. m. he went to the toilet and his mother summoned for applying balm to her as she was having head-ache. This explanation offered by the accused that he was not sleeping in his room and that he went to his mother is a bunch of tissues of lies unsavoury to be accepted. The burden lay on the accused to prove this exculpating circumstance in order to avoid the inference flowing from this most incriminating circumstance. He could hot produce his mother to prove that in the night he visited her. It may also be stated that it was their second marriage anniversary and the most natural thing in the world for the accused would have been to be with his wife. He could hot produce his mother to prove that in the night he visited her. It may also be stated that it was their second marriage anniversary and the most natural thing in the world for the accused would have been to be with his wife. From the letters produced by the prosecution it is clear that Smt. Vimla was a very devoted and dedicated wife and showered all her love and affection on the accused but the latter totally betrayed and deserted her. We are, therefore, disposed to hold that on the night of occurrence the accused was with his wife Smt. Vimla and his explanation that he was sleeping in another room is rather abhorent to the common sense to believe it. If this most incriminating circumstance is held against the accused, the accused will be called upon to explain as to what happened in the night ? ( 14 ) THE third incriminating circumstance against the accused is that from the medical evidence it is totally ruled out that Smt. Vimla could have committed suicide. We are not ready to lend credence to the argument canvassed by the learned counsel for the accused that since Smt. Vimla was not wearing that magic madalia which controlled her unbearable stomach-ache, she left depressed and this led her to commit suicide. There is no evidence that on account of non-wearing of the above magic madalia she was having any unbearable pain causing over-whelming depression. It may be that the above magic madalia had a psychological effect on Smt. Vimla that it was controlling her ailment. However, it cannot be believed that on account of non-wearing of the above madalia she was depressed to such an extent that she committed suicide. ( 15 ) THE second argument of the learned counsel for the accused in this regard that since Smt. Vimla wanted to commit suicide by putting herself on fire, she wanted to ensure that as a result of the pain, no shrieks escaped for this purpose she rolled a piece of cloth and thrust it into her mouth and then poured kerosene and lighted a match-stick and put herself on fire. This argument is wholly unfounded and impossible to believe. From the medical evidence it has been proved that Smt. Vimla died as a result of asphyxia caused by the gagging of a piece of cloth in her mouth. This argument is wholly unfounded and impossible to believe. From the medical evidence it has been proved that Smt. Vimla died as a result of asphyxia caused by the gagging of a piece of cloth in her mouth. In other words death was caused immediately when the gagging was done. Hence it was impossible that after gagging herself she could have had enough sense or capacity to pour keronsene and then light the match-stick. The most logical sequence of events is that first she was gagged which caused her death from asphyxia and then she was put on fire. When the door was opened it was seen that she was sitting in a statue like position resting her head on the double bed. It is impossible that when a person is on fire she can sit in the above position. On account of unbearable pain she would toss about violently. We are, therefore, disposed to hold that first Smt. Vimla was gagged by thrusting the rolled cloth in her mouth which caused her death from asphyxia or suffocation. Therefore (sic) (thereafter) Kerosene was poured or sprinkled over her body and she was set on fire. Since the accused was the only person in the room with the deceased, the needle of suspicion unerringly points the accused. ( 16 ) LEARNED counsel for the accused in this connection emphasised that when the door was opened a screw was found on the floor and the door was seen partially damaged. From the statement of the accused it appears that the door was bolted from inside. If physical force was used for breaking open the door, the door would have got severed from the bolt and comparatively much more damage would have caused than found. Only a screw was found and the damage to the door as stated in the side memo does not show that it was broken open forcibly. Such damage can be fabricated in order to camouflage the real thing. ( 17 ) FOR the above reasons we hold that the prosecution has proved the above incriminating circumstances against the accused which form an unbroken chain pointing out the guilt of the accused. ( 18 ) FOR the above reasons we do not find any force in the appeal and the same is hereby dismissed. Appeal dismissed.