GARG, J. - (1.)THIS appeal has been filed by the accused appellants against judgment and order dated 18. 7. 87 passed by the learned Sessions Judge, Dungarpur in Sessions Case No. 39/85 and 20/86 by which the learned Sessions Judge, Dungarpur convicted the accused appellants for offences under Sections 306 I. P. C. and sentenced them as follows: Name of accused Offence Sentence awarded Smt. Kamla u/sec. 306 I. P. C. 3 years' R. I. and a fine of Rs. 2000/- in default to further undergo 6 month's R. I. Chandulal u/sec. 306 I. P. C. 5 years' R. I. and a fine of Rs. 2000/- in default to further undergo 6 month's R. I.
(2.)IT may be mentioned here that in the trial Court, there were two Sessions cases being 39/85 and 20/86 and in Sessions Case No. 39/85, accused appellant Smt. Kamla and Hiralal were tried while in Sessions Case No. 20/86, the accused appellant Chandu Lal was tried. The accused Hiralal who was father-in-law of the deceased was acquired for the offence charged against him. Both the Sessions cases were decided by common judgment on 18. 7. 87. (2a ). IT arises in the following circumstances: (i) That on 6. 8. 84 Smt. Saraswati (hereinafter referred to as the Deceased) wife of Chandu Lal (Accused appellant) gave statement at about 7. 45 p. m. to P. W. 11 Kalulal SHD, stating as under. "i was igniting stove and none was in the house and after preparing tea, my saree caught fire, as a result of which my whole clothes burnt. I cried. Neighbourers came. I came to the house of my father 6-7 months back and in the house, my younger sister PW-3 Vandana was there. My husband had gone to Khargada at about 12 noon. My husband had come from Bombay. There is no dispute of mine with my husband. I have not been burnt by anybody. "
This statement Ex. P/11 was further verified by the P. W. 9 Dr. Surendra Kumar Mathur.

On this report, P. W. 11 Kalu Lal chalked out Marg FIR No. 13/84 under Section 174 Cr. P. C. and started investigation.

Further case of the prosecution is that on the same day at about 7. 45 p. m. the deceased gave statement to P. W. 9 Dr. Surendra Kumar Mathur who recorded her statement and same is Ex. P/7 which is as follows: "at about 5 p. m. in the evening, I was igniting the stone in my parents' house. None was in the house. After preparing tea, my saree caught fire, as a result of which fire accelerated. I cried. Neighbourers came. I am living in the house of my father for last 6 months. In the house my younger sister PW-3 Vandana was there. No quarrel of mine with anybody took place. My husband went to Khargada at about 12 noon. My husband has come from Bombay yesterday. There is no dispute of mine with my husband and I was not burnt by anybody. "

During investigation, the deceased died on 7. 8. 84 in the night at about 12. 20 a. m. and the post mortem of the body of the deceased was got conducted by PW-9 Cr. Surendra Kumar Mathur and the post mortem report is Ex. P. 9. P. W. 9 assigned that the cause of death was shock due to extensive second degree superficial burns all over the body.

(3.)DURING proceedings under Section 174 Cr. P. C. site plan Ex. P/6 was prepared and Panchanama of the body of the deceased was prepared which is Ex. P/10. The accused appellant Smt. Kamala was arrested on 3. 5. 85 through Fard Ex. P/15.
When investigation under Section 174 Cr. P. C. was going on P. W. 1 Ranchhold who is father of the deceased lodged a written report Ex. P/1 addressing to late Smt. Indira Gandhi, Prime Minister of India on 8. 9. 84 stating that the deceased aged 18 years was married with the accused appellant Chandu Lal 6 years back. After expiry of 6 months from the date of marriage, both the accused appellants and another accused Heera Lal who was father-in-law started torturing the deceased for not bringing sufficient dowry and they used to beat her. It was further stated that before 6 months, her husband accused appellant had left the deceased in his house and deceased told him that she had been shunted out from her in laws house by the accused appellants and on 6. 8. 84, her husband tortured the deceased. Therefore, because of this atmosphere, she committed suicide.

This report Ex. P/1 was received by DSP, Sagwara PW-12 Goverdhan Lal Meena on 8. 1. 85 and on 8. 1. 85 he ordered for registration of the case under Section 306 I. P. C. and thereafter regular FIR Ex. P/12 was chalked out and challan against the accused appellants and one Hira Lal was filed in the Court for offence under Section 306 I. P. C.