Judgment A.S.Garg, J. 1. This is an appeal against the conviction and sentence of Gurpreet Singh, aged 40 years, for allegedly causing the death of his own wife by setting her on fire ordered by the learned Additional Sessions Judge, Gurgaon. 2. The appellant Gurpreet Singh was employed in the Indian Air Force and was posted in Maharashtra. Kalpna deceased was a Nurse in a Military hospital. They had a love marriage about 11 years ago. Gurpreet Singh left his job from the Indian Air Force and joined as Assistant Vigilance Officer in Maruti Udyog in a Section known as Bharat Seats. They had a son Sundeep. They lived in House No. C-2-113/4, D.L.F. Phase I, Qutab Enclave, Gurgaon. 3. It appears that the parties to the said marriage did not pull on well and the deceased and the appellant made a joint petition Ex.PN before the learned District Judge, Gurgaon under Section 13-B of the Hindu Marriage Act for seeking divorce by mutual consent on 14.12.1993; though concededly they lived under one roof as yet. The next date fixed in this petition was 17.7.1994. Gurpreet Singh had raised a loan of Rs. 5,00,000/- (Ex.A6) for purchase of flat No. C-2-113/4, Gurgaon (Ex.A4). The deceased had a half share in this flat as it was in joint name of the spouses. Before a divorce could be granted the appellant had to pay a sum of Rs. 3,00,000/- to the wife. 4. Around 11 or 11.30 Oclock of the night of 13/14.2.1994, there was some sound of shrieks/cries from the house of Gurpreet Singh appellant who is known as Gurpreet Singh Ahluwalia. Ashok Mazumdar, PW.1, a businessman who was living in House No. 113/3-2-2, D.L.F. Colony, Phase I, Gurgaon, got up from sleep and saw from the window that the smoke was emitting from the said apartment and he noticed the appellant and his servant to be present over there. He telephoned the police as well as the fire brigade. Sub Inspector Bir Singh, PW.5, on receipt of the wireless message from Police Station Sadar, Gurgaon reached the spot located in the area of Silver Oak Apartments, Qutab Enclave. The Sub Inspector found the appellant-accused sitting in his room while the victim Kalpna lying in burnt condition in another room. The two rooms were burnt but the room in which the appellant-accused was sitting was not having marks of burns. The Sub Inspector found the appellant-accused sitting in his room while the victim Kalpna lying in burnt condition in another room. The two rooms were burnt but the room in which the appellant-accused was sitting was not having marks of burns. The presence of the accused on the place of occurrence and his conduct that he did not explain how the occurrence took place led to the inference that he and none else had a hand in the crime. The Sub Inspector despatched a ruqa that Kalpna had been murdered by setting her on fire on the basis of which formal FIR Ex.PG/1 was recorded by SI Devinder Singh. 5. The burnt remains of the clothes of the deceased were taken into possession by Inspector Murari Lal, PW.7. He recorded the statement of Ashok Mazumdar which is Ex.PA and that of Raj Kumar Chawla (died before he could be examined). 10/12 persons had also gathered at the spot. They were not prepared to disclose anything. They prepared site plain Ex.PQ, inquest report Ex.PP. Five match sticks in a match box were taken into possession by him vide memo Ex.PJ. A plastic can with cap and a writing pad were taken into possession vide recovery memos Exs. PK, PL and PM. After the photographs Ex.PT/1 to PT/4 of the dead body were taken, the same was sent for post-mortem examination. 6. After the post mortem examination the gold bangles Ex.P1, gold chain Ex.P2 were taken into possession vide memo. Ex.PR through Head Constable Jagdish Parshad. On 16.2.1994, the appellant was arrested because Shri Ashok Mazumdar, PW.1 had already mentioned in his statement to the police that about 15/16 days prior to the occurrence he had seen Gurpreet Singh appellant giving beatings to Kalpna and she was bleeding from her mouth and obviously he expected his hand in the murder. 7. A site plan according to scale was got prepared from PW.3 Mool Chand Punia, a Draftsman, who gave a note in the site plan that the deceased was stated to be found in a complete sitting posture. The articles taken from the scene of occurrence were despatched to the Forensic Science Laboratory. 8. On 15.2.1994 to 10.00 A.M., autopsy on the dead body of Kalpna deceased was conducted by Dr. Sanjay Narula, PW.2 and he observed the following : "No ligature mark on the neck could be commented because of charring. The articles taken from the scene of occurrence were despatched to the Forensic Science Laboratory. 8. On 15.2.1994 to 10.00 A.M., autopsy on the dead body of Kalpna deceased was conducted by Dr. Sanjay Narula, PW.2 and he observed the following : "No ligature mark on the neck could be commented because of charring. It was dead body of an average built and nourished female wearing yellow metallic chain in neck and yellow metallic kara on the left wrist. Body was totally burnt except a tuft of hair. Pugilistic attitude of the body was there. There were no clothes over the body. There was no smell of kerosene or any other material from the body or hair. The examination of scalp revealed that it was burnt except a tuft of hair in the occipital region. The body above the level of pelvis was totally charred. Deeper muscles of abdomen and chest were also charred exposing bone at places. Both lower limbs were deep to superficially burnt showing red line of demarcation. Larynx and tracheae were healthy and containing black particles. Heart was full of cheery red colour blood. The duration between injuries and death was immediate. 9. In the opinion of the doctor, the death was due to 100% burns which were sufficient to cause death in the ordinary course of nature. Ex.PB is the correct carbon copy of the post mortem report. 10. On 17.2.1994, at 10.00 A.M. the said doctor also medico-legally examined in the appellant and found the following injuries on his person :- 1) Infected superficial burn wound with light brown scab with few pus points, size 3 cm x 1 cm over bridge of nose. 2) 3 cm x 2 cm infected burn wound with same features as one over left ala of nose. 3) 2 mm x 1 mm wound with same features as one over left side of face. 4) Circular .5 cm diameter wound with same features as one over forehead just above medial end of right eye brow. 5) 7 cm x 5 cm blister over sole of left foot. No open wound slight erythema around blister. This blister extends at base of fourth and fifth toe. 6) 3 cm diameter blister over left border of left foot. 11. In the opinion of the doctor the injuries were simple in nature having been caused by burns. 5) 7 cm x 5 cm blister over sole of left foot. No open wound slight erythema around blister. This blister extends at base of fourth and fifth toe. 6) 3 cm diameter blister over left border of left foot. 11. In the opinion of the doctor the injuries were simple in nature having been caused by burns. Ex.PB/2 is the carbon copy of the medico-legal report. 12. In view of the aforesaid evidence collected against the appellant, he was put to trial for murder of his wife Kalpna. The entire evidence was put to him in his statement under Section 313 of the Code of Criminal Procedure. He mostly claimed ignorance regarding the circumstances in which the death of the deceased took place. He took up the plea that in fact he along with DW.1 Ravinder Nath Puri had taken the dinner together around 9.00 p.m. in his apartment and had gone to Gymkhana Club and he got a telephonic message around 11.00 P.M. from Raj Kumar a neighbour of the accused that the house was emitting fire. He and Ravinder Nath Puri, DW.1 reached the scene of occurrence. He tried to extinguish the fire and received burns. He also stated that his wife had no grouse against him and he had reached much after the place got ablazed and that he was involved falsely. The learned trial Judge did not place reliance on the story set up by the appellant-accused. The conclusions arrived at were that the appellant-accused was not innocent as he claimed to be but was the actual offender. He had to pay amount before he could get the actual divorce. He raised the liability of loan. The deceased had a half share in the apartment and since he had differences with his wife he did the job of eliminating her. According to the findings the appellant- accused took a false plea of alibi and had nothing to do in Gymkhana Club late in the night. The burns on the appellant were received when he was trying to burn the wife rather than was extinguishing the fire. (Eshwaraiah and another v. State of Karnataka, 1994 S.C.C. (Criminal) 601). The pose of deceased sitting on a sofa was such that if she had either committed suicide she would have run here and there and posture would not have been as shown in photographs Exs. (Eshwaraiah and another v. State of Karnataka, 1994 S.C.C. (Criminal) 601). The pose of deceased sitting on a sofa was such that if she had either committed suicide she would have run here and there and posture would not have been as shown in photographs Exs. PT/1 to PT/4 and the appellant was already present in the house when he committed the act of murdering his wife. Accused did not disclose anything nor gave any explanation of the situation confronted to him, the inference could be that he committed the crime. He was present at home. (Jagjit Singh v. State of Haryana, 1994 S.C.C. (Crl.) 176 and Ganeshi Lal v. State of Maharashtra, 1993 S.C.C. (Crl.) 435). The appellant was, therefore, convicted under Section 302 of the Indian Penal Code and was sentenced to undergo rigorous imprisonment for life. 13. So now coming over to a part of the plea of the appellant-accused that he had been implicated falsely appears to be totally unfounded in the circumstance that there is no one for the victim in the case to proceed with the case or to look after the interest of the victim. The Investigating Officer had not even tried to contact her parents. They even did not try to secure the servant who was working in the house. They also did not know where the child was. The accused was arrested on 16.2.1994. When the Sub Inspector was writing the endorsement he himself made it clear that it was a clear case of murder and the husband was sitting in a room. Even some workers of Maruti Udyog came and identified the dead body of the deceased. The medico-legal examination of the appellant was conducted still on a later date i.e. 17.2.1994 and the appellant got the bail towards the end of March, 1994. Even the name of the Photographer B.R. Bhatia, PW.8 was not mentioned in the list of witnesses and it was vide an order dated 24.4.1995 passed by the learned trial Judge on an application made by the Public Prosecutor that the name of the Photographer was added and photographs and negatives were brought in evidence on payment of costs. The Medical Officer opined that the possibility of a suicide at the same time could not be ruled out. The Medical Officer opined that the possibility of a suicide at the same time could not be ruled out. Ashok Mazumdar, PW.1 who sent immediate information to the police and the fire brigade was won over and did not support the case except that he admitted that Raj Kumar Chawla, PW who also had seen Kalpna injured some time earlier to the occurrence could not be examined as he died before he could make a statement. The fathers sisters husband of Kalpna DW.1 Ravinder Nath Puri appeared in defence and claimed that he had come for dinner with the appellant and they had gone to Gymkhana Club around 11 P.M. They were informed there about the fire in the house and they returned and when the accused tried to enter the house he received burns. 14. So in the aforesaid state of affairs when there was none to prosecute the case of the victim nor was there any one after the appellant to implicate him falsely. So in the light of the aforesaid observations when there is no one interested in the prosecution of the appellant that too falsely then the evidence whatever is on record has to be scrutinized dispassionately. It is to be seen that the circumstances which appear on the record can be construed to be sufficient and an inference can be drawn from the conduct of the appellant himself to clinch the issue; as he was last seen with the deceased. 15. The circumstantial evidence is a very important piece of evidence in a given case where the case rests upon such a piece of evidence. Ashok Mazumdar, PW.1 made a natural statement on the night of occurrence and categorically claimed in Ex.PA that he had seen the appellant-accused in the house when there was fire. The husband and wife had quarrelled. He had heard the cries. He also told the police that the accused was to pay a sum of Rs. 3,00,000/- to Kalpna as consideration for divorce. The learned trial Judge has mentioned in his judgment that despite the fact that the witness has resiled but since he has been confronted with a part of his statement recorded by the police, it was a truthful statement and this part of the statement being in agreement with the story of the prosecution, it could be relied upon. The learned trial Judge has mentioned in his judgment that despite the fact that the witness has resiled but since he has been confronted with a part of his statement recorded by the police, it was a truthful statement and this part of the statement being in agreement with the story of the prosecution, it could be relied upon. This view is supported by the authority in Dhananjoy Chatterjee alias Dhana v. State of West Bengal, 1994 S.C.C. (Crl.) 358. This piece of evidence Ex.PA is important in the sense that the husband has claimed in his statement under Section 313 Cr.P.C. that his wife has no grouse against him. Though an accused may say anything in his statement under Section 313 Cr.P.C. but once the evidence has been led against him and he furnishes a false explanation, it amounts to peculiar type of conduct which can be taken and inferred against him. A part of his petition for divorce copy of which is Ex.PN as mentioned in paragraph 4 may be reproduced hereinafter : "4. That the petitioners No. 1 and 2 are unable to live together as wife and husband due to difference in the temperament as they have different views and opinion on each and every point and there has been dispute between the parties at so many occasions soon from the date of marriage and now both the petitioners have decided to live separate from each other. Though they as well as their parents and close relatives have tried best to reconcile but their entire efforts of living together have failed miserably." 16. So even if Ashok Mazumdar, PW.1, has resiled he is confronted with a part of his statement and the fact that the husband and wife were not pulling on together and have serious differences is well proved from the contents of the joint petition to which the appellant is a party. So the statement of PW.1 Ashok Mazumdar cannot be said to be without any evidentiary value. 17. The appellant claimed that he had gone to Gymkhana Club 11.00 P.M. after taking the dinner. The learned Additional Sessions Judge has observed that going to the Club around 11.00 P.M. was virtually no time to go to the club. So the statement of PW.1 Ashok Mazumdar cannot be said to be without any evidentiary value. 17. The appellant claimed that he had gone to Gymkhana Club 11.00 P.M. after taking the dinner. The learned Additional Sessions Judge has observed that going to the Club around 11.00 P.M. was virtually no time to go to the club. If they had already taken dinner at 9.00 P.M. with a guest i.e. the relation of the deceased herself, there would have been no purpose of going to the Club. The plea of alibi taken up the appellant is so inconsistent with the further conduct of his own as explained by him and it would raise a strong inference that the appellant and none else committed the murder of his wife. He has claimed that he reached the house afterwards and tried to extinguish the fire. When the deceased Kalpna had already received 100 per cent burns and the fire was not already escalating, these was nothing left to be extinguished. As mentioned above while referring to medical evidence that Kalpnas death was immediate, so if one comes from the Club it would take time to reach and extinguish the fire. The appellant-accused in an answer to a question in his statement under Section 313 Cr.P.C. has stated as under :- "I had reached the spot much afterwards and had sustained burn injuries while attempting to extinguish the fire." 18. The appellant did not say a word as to actually what they were doing in the Club. If actually the appellant had gone there he would have certainly brought a definite evidence as to whether he was playing cards or was playing any other game or chatting with some one or was busy in any other activities of the Club, rather than merely producing a disgruntled witness like Ravinder Nath Puri, DW.1, a relation of Kalpna deceased, whose statement is totally unbelievable. Neither Ashok Mazumdar, PW.1 nor ASI Bir Singh, PW.5 nor Inspector Murari Lal, Investigating Officer, PW.7 were suggested in cross- examination that the accused had gone to the Club and was not present in the house. The Investigating Officer finds him in the house. Even it is not known if the appellant or his companion were members of the Club. Neither Ashok Mazumdar, PW.1 nor ASI Bir Singh, PW.5 nor Inspector Murari Lal, Investigating Officer, PW.7 were suggested in cross- examination that the accused had gone to the Club and was not present in the house. The Investigating Officer finds him in the house. Even it is not known if the appellant or his companion were members of the Club. So the plea of alibi on the face of it is false and frivolous and mainly taken to avoid his presence from the scene of occurrence. 19. So the appellants injuries received by him was not a part of his innocence or his benevolence. Rather he managed to see that the deceased gets burnt. (Kundula Bala Subrahmanyam v. State of Andhra Pradesh, 1993 S.C.C. (Crl.) 655). The accused got injuries only while he burnt the deceased rather than in the help to save her. 20. The most important factor in the case remains to be that the photographs Ex.PT/1 to PT/4 are of the most vital importance. Kalpna deceased had been shown in a sofa Ex.P1 in a sitting posture i.e. like a pugilistic pose. She is in an absolute sitting pose on a sofa. If one looks towards the side of the head the entire flames had gone on the wall towards the head. The deceased Kalpna has not moved here or there. If she had moved here or there the burns would have been on other portion of the wall of the room. These photographs Exs. PT/1 to PT/4 as mentioned above were not being brought in evidence and were brought on record during the course of evidence on payment of costs. There was a clever attempt on the part of the appellant that he did not want these photographs to come on record. As already indicated above there was no one who could be taking interest to prosecute the appellant. This posture of the deceased clearly establishes that if the case had been that of suicide she would have tried to struggle and move here and there rather than to be killed on the sofa itself. So these photographs were important piece of evidence in the chain of circumstances. To recapitulate the situation, the death of the deceased was immediate after the burns. So these photographs were important piece of evidence in the chain of circumstances. To recapitulate the situation, the death of the deceased was immediate after the burns. The visual examination of the scene of occurrence found by the Investigating Officer who prepared by inquest report Ex.PP revealed that the fire had been so intense that even the blades of the electrical fan were found to be moulded. Window of the room was burnt and door frame and door closer were also burnt. Smell of petrol had been found in the articles sent to the Forensic Science Laboratory vide report Ex.PO. In these circumstances the authority in Subedar Tewari v. State of U.P. and others, 1989 S.C.C. (Crl.) 218, would be relevant which runs as under :- "Medical Jurisprudence - Death by burning - Body found in a pugilistic attitude and in a fencing posture - Dermoepidermal burns found all over the body, scalp, skull bones burnt, brain congested and cooked - These show that the body must have been coagulated at intense heat of about 65 degree centigrade - For generating heat of this order, the deceased must have been drenched with large quantity of kerosene or some other catalytic agent - Penal Code, 1960, Section 302 - Criminal Trial - Wounds and Weapons. The medical evidence shows that intense heat of about 65 degree centigrade must have been generated, otherwise the brain would not have been cooked and the body would not have been found in a pugilistic attitude. This is indicative of a large quantity of kerosene or oil having been poured after she was set aflame in order to consume the body by way of a cover-up operation. It is indicative of a homicidal factor." 21. Another authority in Narayan Shankar Gaikwad and others v. State of Mahrashtra, AIR 1974 S.C. 675, mentions that "There were no eye-witnesses of the occurrence. But the incriminating conduct and activities of the accused were proved by over-whelming evidence. Accused had not offered to explain them except false denial. No motive was suggested for so many prosecution witnesses who withstood the test of cross-examination, for falsely implicating them. Held that the accused were rightly convicted for committing murder by acting in concert. Sentence of life imprisonment was upheld." 22. Accused had not offered to explain them except false denial. No motive was suggested for so many prosecution witnesses who withstood the test of cross-examination, for falsely implicating them. Held that the accused were rightly convicted for committing murder by acting in concert. Sentence of life imprisonment was upheld." 22. Therefore the vehement argument of the learned counsel for the appellant that suspicion cannot take the place of proof or as to when the right of a defence started or that there was no sufficient evidence in the case in hand; emerging from the authorities in Sawal Das v. State of Bihar, AIR 1974 S.C. 778 and Tanviben Pankaj Kumar Divetia v. State of Gujarat, AIR 1997 S.C. 2193, are rendered nugatory in case of complete chain of evidence against the appellant to prove his guilt beyond any shadow of doubt on suspicion. It was a pre-planned cold-blooded murder. 23. In view of the aforesaid discussion, we are of the firm view that there are more than sufficient circumstantial evidence to connect the appellant with the sordid crime he committed. The order of conviction and sentence of the appellant passed by the learned trial Judge is upheld and the appeal is dismissed.