Raj Singh vs State of Haryana

A. S. Nehra, J.

Criminal Appeal No. 22DB of 1990 Raj Singh v. State of Haryana and Criminal Appeal No. 280DBA of 1991, State of Haryana v. Krishna Devi are directed against the judgment dated 30th November, 1990 passed by Additional Sessions Judge, Karnail, by which Raj Singhappellant has been convicted under Sections 302 and 498A of the Indian Penal Code and sentenced to imprisonment for life and to pay a fine of Rs. 2000/ and in default of payment of fine to further undergo rigorous imprisonment for one year under Section 302 of the Indian Penal Code and to two years rigorous imprisonment and to pay a fine of Rs. 500/ in default of payment of fine, to further undergo rigorous imprisonment of three months under Section 498A of the Indian Penal Code. Both the sentences were ordered to run concurrently. Krishna Devirespondent in. Criminal Appeal No. 280DBA of 1991, mother of appellant Raj Singh, was acquitted by the Additional Sessions Judge, Karnal. State of Haryana in Criminal, Appeal No. 280DBA of 1991 has challenged the acquittal of Krishna Devi respondent.

On 9th January, 1990, the complainant Baljit Singh son of Ram Rattan, resident of village Khanpur Kalan, District Rohtak and cultivator by profession approached Assistant Sub Inspector Siri Chand, Incharge, Police Post Madlauda and got recorded his statement, Ex. PD, on the allegations thus.

The complainant Baljit Singh was the only brother and he had four sisters. The three sisters, older to him, were married and the sister younger to him was unmarried. His sister Krishna (since deceased) was married with accused Raj Singh resident of village Osar in the area of Police Station Urlana about 89 years ago. Out of that wedlock two sons aged about four years and 21/2 years were born. The deceased Krishan had been coming to her inlaws at village Osar for several times. The complainant party had provided with sufficient dowry according to their capacity at the time of marriage. Muklawa ceremony was celebrated one year after the marriage. When the deceased Krishna came back from the house of her inlaws after Muklawa ceremony, she did not complain against her inlaws. After 23 months, when she came back from her in laws, then she told the complainant and his mother that "Osar Walas" (her inlaws) used to taunt tier for bringing less dowry. They consoled Krishna that they would see to her inlaws and would make them understand. After that, her inlaws took her to their house. Krishna deceased again came back after living there for some months. She again repeated the same matter of less dowry. She further told that her husband and her motherinlaw bad started beating her., On this, the complainant Baljit Singh went to village Osar and persuaded the accused Raj Singh not to harass his sister in this way. Raj Singh appellant and Krishna Devi accused (since acquitted) told the complainant that they (the complainant party) were hungry and poor fellows and they had not given them anything at the time of marriage. The complainant replied that his sister should not be harassed in future and he would give them whatever he could afford.

It is further the case of the prosecution that after some days, the complainant gave to the in laws of her deceased sister Krishna Rs. 2000/, Rs. 5000/ and Rs. 10,000/ on three occasions. The complainant asked Krishna Devi (mother of Raj Singh) that her sister should not be harassed in future. In spite of that, the complainant''s sister, deceased Krishna, whenever visited the complainant''s house, she always complained that her inlaws would continue torturing, her whatever be given to them. They also turned out Krishna deceased from the house after giving beatings, although she was carrying a child in her womb. She gave birth to a child in the complainant''s house. Her inlaws did not come to take her to their house. This matter was about four years old. After about 67 months of the birth of the child, the fatherinlaw of deceased Krishna, namely Hukami, had come to the complainant''s house and told that the marriage, of his daughter was to be celebrated and that deceased Krishan should be sent there and he further assured that he would make his son (Raj Singh) and his wife understand. At this, the complainant party sent the deceased Krishna with him. After that, whenever deceased Krishna came to the complainant''s house or the complainant visited village Osar in order to see her, she always repeated the same complaint and also that her in laws had not stopped beating her and demanded more cash and some times put demand of buffalo. The complainant disclosed the above facts to his Tau Har Narain (father''s elder brother) and Tau''s son Jaswant Singh. They pacified that it was a matter of a daughter and it was not good to give air to this matter and they all would make her inlaws to understand. They accompanied the complainant to village Osar and persuaded inlaws of deceased Krishna, who also assured them that nothing would happen in future. All this went futile, Raj Singh and his mother continued taunting deceased Krishna and compelled her to manage more dowry.

It is also the allegation of the prosecution that on 911990 at about 10/11 AM (morning), two persons of village Osar came to village Khanpur Kalan and told the complainant that Krishna had expired and they were called upon at village Osar immediately. Hearing this, the complainant alongwith Jaswant Singh, Sarpanch Hoshiar Singh, Bhim Singh son of Lal Man, and Umed Singh son of Chandgi etc. reached village Osar. They found that deceased Krishna had actually expired. The marks of strangulation were visible on her back. The deadbody of Krishna was lying on the floor of the kotha of upper storey. The complainant and his cousin brother Jaswant Singh took the accused Raj Singh aside and enquired about the real cause of her death. Accused Raj Singh kept quite for sometime and then told that they had committed a blunder, that on the previous night, he and his wife (deceased Krishna) slept in the chaubara of the house, but he could not sleep that after the deceased Krishna slept he came down from the Chaubara and connived with his mother (Krishna) that today Krishna deceased be put to death and they would not get any better opportunity that after that, both the accused went to the chaubara and put Odhail of the deceased in her neck and they pressed it for a sufficient time till she was dead that then they untied the `Odhani'' from her neck and placed the same on her head., that after sunrise, they raised noise in the village that deceased Krishna had expired due to heart attack; that the villagers told them to inform her parents and that the accused then sent the information to her parents in village Khanpur Kalan. The accused Raj Singh further disclosed that they had committed a blunder and he felt relieved of the burden after disclosing the real facts to the complainant and Raj Singh also pleaded pardon. Upon this, the complainant and his cousin brother Jaswant Singh went to the police post for lodging the First Information Report. Hoshiar Singh Sarpanch and Umed Singh etc. were kept standing there to guard the dead body of the deceased. In this way, the deceased Krishna was murdered by her husband and motherinlaw due to greed of dowry.

After recording the statement of the complainant, Assistant Sub Inspector Siri Chand made his own endorsement, Ex. PD/1 and sent the rukka to the policestation, upon which formal First Information Report, Ex. PD/2, was recorded. The dead body of the deceased Krishna was sent for postmortem examination. Inquest report was prepared. Rough siteplan and scaled site plan were prepared. Photographs of the dead body were taken. The Odhani (Chuni) Ex. P1 and broken bangles, Ex. P2, were seized by the police from the place of incident.

To substantiate the allegations, the prosecution examined PW1 Dr. D.K. Batra, who with the assistance of Dr. S.C. Pahwa conducted the post mortem, PW2 Baljit Singh, complainant, PW3 Sub Inspector Sardara Rani, who partly investigated the case, PW4 Om Parkash photographer, PW5 Brij Pal, Draftman, PW 6 Hoshiar Singh Sarpanch, PW7 Jaswant Singh and PW8 Sub Inspector Siri Chand. PWs Umed Singh and Dhanpati were given up as won over by the accused. Affidavit Ex. PF of Moharrir Head Constable Nahar Singh, with whom the sealed packets were deposited, was tendered into evidence.

The accused were examined under Section 313 of the Code of Criminal Procedure in which they denied the allegations levelled against them. They alleged false implication. They admitted that deceased Krishna was married to accused Raj Singh about nine years ago; that she gave birth to a daughter, who died immediately after the birth; that on second pregnancy, deceased Krishna was sent to her parental home in order to ward off evil spirits that after the birth of a son, she returned to the matrimonial home and lived happily with them; that they were having normal husband and wife relations that the second son was born, who was about 21 years old and that accused Raj Singh was the only son of his parents having four sisters. The accused admitted that sufficient dowry was given and they were satisfied with the same. They pleaded that they never demanded any dowry and whatever was given was accepted by them. They also stated that the Muklawa ceremony took place after nine months of the marriage. They denied that they ever taunted the deceased Krishna for bringing insufficient dowry or they ever illtreated the deceased.

Accused Raj Singh took the defence that deceased Krishna wanted the accused Raj Singh to live separately from his parents, to which he did not agree; that the complainant Baljit Singh and his cousin. PW Jaswant Singh, on her asking, were forcing and insisting the accused Raj Singh to live separate from his parents, to which he did not agree and, therefore, the complainant and PW Jaswant Singh were not happy with the accused and were inimical. Raj Singh accusedfurther stated that the deceased Krishna was not tempered lady and bent upon it and, therefore, ended her life by committing suicide that after the death of deceased Krishna, the accused sent their relations Ram Mehar and Jagdish to inform about the death of Krishna to her brother Baljit and other relations and the accused waited for the cremation till their arrival. The accused pleaded that had they any guilty conscious, they would have cremated deceased Krishna before their arrival. The accused pleaded that the extrajudicialconfession was concocted in order to create evidence against them.

In defence, the accused examined PWI Sat Pal son of Pirthi Singh, resident of village Osar and DW2 Jagdish son of Dalip Singh.

On 1011990 on the request of police, Ex. PA, PWI Doctor D.K. Batra, Medical Officer and Doctor S.C. Pahwa, conducted the post mortem on the dead body of deceased Krishna aged 2526 years, The request was accompanied by inquest report, Ex. PB. The doctors found that rigor mortis was present in all the four limbs, eyes were closed, face was cyanosis congective was congested and oedematous and acchymosed, lips were blue and clotted blood was present in both the eyes. The doctors further found an abrasion of 0.5 cm in diameter on the lower lip left side, 1" cm from the angle of mouth (left), clotted blood was present over the abrasion, the tongue was blue and swollen, hands were clinched, there was contusion of 1 " X 1" over back, 1" from the midline below inferior angle of left scapula and an abrasion of 1 cm x 1 cm was present over back of the left elbow which was reddish in colour.

The doctors found the following marks on the body of deceased Krishna

(1) An abrasion of 1 cm X 0.3 cms in size was present on right side of the neck, 2 below and 11/2 behind right pinna. It was reddish in colour.

(2) An irregular transverse ligature mark 9 cms X 2 cms in front of neck at the level of thyroid cartilage was present. It was 7 cms on right side and 2 ems on left side of the midline, The colour of the mark was brownish with intervening area of normal colour skin. Skin was hard in area of ligature mark (coloured area only). On cut section of ligature mark, there was present extravesation of blood in substaneous tissue and muscles. Larynx and trachea were congested. No froth was present in trachea. No fracture of trachea of larynx was seen. Both lungs were markedly congested. On cut section, dark blood and frothing was present."

The doctors further found that brain and meninges were congested and heart contained dark blood in both the chambers. According to the doctors, the cause of death was asphyxia due to strangulation which was antemortem in nature. Ex. PC is the correct carbon copy of the post mortem report. The doctors gave the opinion that ligature mark on the dead body of Krishna was possible by chuni (odhani), Ex. P1, if pressed with force.

During crossexamination, PWI Dr. P. K. Batra opined that asphyxia is a stage in which the body lacks Oxygen because of mechanical interference with the process of breathing. The asphyxia can be of three modes, i.e., accidental, suicidal and homicidal, According to Modi''s Text Book of Medical Jurisprudence, there is difference between hanging and strangulation. In strangulation, the ligature marks are horizontal or transverse, continuous, low down in the neck below the thyroid, the base of the groove or furrow being soft and reddish, abrasions on the face, neck and other parts of the body are usually present; neck is not stretched and elongated; external signs of asphyxia are well marked and bleeding from the nose, mouth and ears may be found.

In this case, the ligature mark was transverse; clotted blood was present in both the ears; eyes were closed; face was cyanosed; congectiva was congested; abrasion of 0.5 cm in diameter was present on the lower lip; clotted blood was present over the abrasion; there was contusion over back and abrasion present over back of the left elbow which was reddish in colour; an abrasion was present on the right side of neck; larynx and trachea were congested; and lungs were also congested. According to the doctor''s opinion the cause of death was asphyxia due to strangulation which was antemortem in nature.

PW2 Baljit Singh, who happened to be the complainant as well as the real brother of the deceased Krishna deposed the manner in which his sister was married with accused Raj Singh and her inlaws used to taunt her for bringing insufficient dowry and the manner in which two persons, namely, DW2 Jagdish and Ram Mehar approached him informing that his sister had died and they were called to the village Osar. He also deposed the manner in which PW Jaswant Singh, PW Hoshiar Singh, Sarpanch, his mother, his Tai, Umed Singh and Bhim Singh went to village Osar and found the dead body of his sister lying in the chaubara on the upper storey. He also deposed the manner in which accused Raj Singh made extrajudicial confession to him in the presence of PW Jaswant Singh that he and his mother strangulated deceased Krishna with a chuni and pressed the neck and murdered her.

The statement of PW2 Baljit Singh was corroborated by PW7 Jaswant Singh, who happened to be his cousin.

PW6 Hoshiar Singh, Sarpanch deposed that at the time of making extrajudicial confession by accused Raj Singh, he was also standing near them and he heard the confessional statement. He further stated that thereafter PWs Baljit Singh and Jaswant Singh went to the police station to lodge the report, (sic). Accused Krishna Devi allegedly made an extrajudicial confession before PW6 Hoshiar Singh and PW Umed Singh and other people of the village and admitted that she and the coaccused Raj Singh strangulated the deceased Krishna. He was confronted with his statement Ex. DA. recorded under Section 161 of the Code of Criminal Procedure, but the witness stated that the police had not read over the statement to him. In that statement, his standing near or with PWs Baljit and Jaswant at the time when, accused Raj Singh allegedly made extrajudicial confession was not recorded, PW Umed Singh or any other villagers were not produced. PW Umed Singh was given up as won over by the accused. He was Sarpanch of the village Khanpur Kalan since 1988, He admitted that PW Baljit and PW Jaswant never gave in writing anything in the village Panchayat about the harassment caused to deceased Krishna, but he stated that orally the witnesses used to tell about the harassment.

PW Om Parkash Photographer, took four photographs of the dead body of deceased Krishna Devi, negatives whereof are Ex. P4/1 to 4 and positives Ex. PW4/5 to 8, which showed a visible ligature mark on the dead body. PW5 Brij Pal, Draftsman, prepared the scaled site plan, Ex. PE of the place of incident.

PW8 Assistant Sub Inspector Siri Chand (now Sub Inspector) and PW3 Sub inspector Sardara Ram proved the investigation PW8 Sub Inspector Siri Chand deposed that he was approached by PM''s Baljit and Jaswant in the police post at about 8.30 A.M. and thereafter he reached the spot at about 8 P.M. He stated that from the time of death of the deceased Krishna till 6.00 PM no villager of village Osar came to him, in the police post to inform any foul play about the death of deceased Krishna.

Learned counsel for the appellant contended that the extrajudicial confession being weak type of evidence has to he considered with great caution and no reliance can, be placed on such evidence, without convincing corroboration and that unless there are convincing circumstances to show that the appellant was under great stress and, strain and the appellant was to get some tangible benefit by making confession before some dependable and influential source, evidence regarding confession should be considered with a good deal of caution and no reliance should be placed on it in the absence of convincing corroboration. In support of his argument, he has relied upon Division Bench decision of this Court reported as Ratish Mohan v. The State of Haryana, 1979 Chandigarh Law Reporter (Pb. and Haryana), 175. There is no dispute about the proposition as laid down in Ratish Mohan''s case (supra). An extrajudicial confession if voluntary, can be relied upon by the Court alongwith other evidence in convicting the accused. The confession will have to be proved just like any other fact. It is true that the witnesses should give actual words used by the accused as nearly as possible, but it is not an invariable rule that the Court should not accept the evidence, if not the actual words, but the substance was given. It is for the Court having regard to the credibility of the witness to accept evidence or not. This view of ours is fortified by various judgments reported as Mulik Raj v. The State of U.P., AIR 1959 Supreme Court and Inder Dass v. State of Rajasthan, 1985 Crl. L. J. 1416 and Naseem Ahmed v. State of Uttar Pradesh, 1994(1) Crimes 1004.

With regard to extra judicial confession made by Raj Singh accused, prosecution has examined PW 2 Baljit Singh and PW 7 Jaswant Singh. Jaswant Singh PW 7 stated thus

"The accused Raj Singh told me and Baljit that on the last night, he and deceased Krishna mere sleeping in the Chaubara. When deceased Krishna slept accused Raj Singh who did not sleep came down to his mother and told her that it was the opportunity to finish deceased Krishna. Accused Raj Singh and his mother went upstairs and they strangulated her (deceased Krishna) with the Chuni till she died, and in the morning, they made out that deceased Krishna died on account of heart attack. Accused Raj Singh also told that the Chuni was put on the head of the deceased after she died."

Baljit Singh PW 2 stated thus :

"After some time, accused Raj Singh told me in the presence of PW Jaswant that on the last night they were sleeping in the chaubara. He did not get sleep and came down to his mother and told his mother that Krishna was to be finished today and they will not get any better opportunity. After that, the accused Raj Singh and his mother went upstairs and he and his mother strangulated my sister Krishna with a chuni and pressed the neck and murdered her. Accused Raj Singh also pleaded pardon due to his mistake of mother. Accused Raj Singh also told that he told in the morning to the villagers that his wife had died due to heart attack and the villagers told him to inform us in village Khanpur."

Extra judicial confession made by the appellant before Baljit Singh and Jaswant Singh PWs. is reliable and the same has been proved like any other fact. Both the witnesses have deposed in the Court about the actual words used by the appellant. Therefore, the evidence of both the PWs is convincing and reliable. Both the PWs are not inimical to the appellant and they have no motive to falsely depose against the appellant. The prosecution has proved beyond reasonable doubt that the appellant Raj Singh had made extra judicial confession before Baljit Singh and Jaswant Singh PWs immediately after the occurrence. We find no merit in the contention of the learned counsel for the appellant that no reliance can be placed on the extra judicial confession made by the appellant.

In Darshan Lal v. State of Jammu & Kashmir, 1975 Supreme Court cases (Crl.) 281, the accused brought his wife to his place, of services from her home. On the next day, dead body of an unidentified woman was found in the river. After one month, accused wrote to his fatherinlaw that his wife had run away with some money. The accused confessed before deceased''s uncle and cousin when they came to make enquiry. Photograph or the dead body was identified to be that of wife of the accused. The confession was held to be genuine and reliable. The accused had not shown that he had made any efforts to trace his wife. The conviction was upheld.

In Lalu alias Laxman v. The State of Madhya Pradesh, 1986(3) Crimes 265. the accused murdered his wife by strangulation he made extra judicial confession to his uncle of strangulation and then hanging the deceased. Ligature mark was apparent on the neck of the deceased. The accused was convicted for murder.

Learned counsel for the appellant has further argued that had the accused committed the crime, they would not have sent their relations DW 2 Jagdish and Ram Mehar to inform the complainant and would not have kept the dead body till the complainant reached. It may be noted that the appellant must have realised that he had committed the offence and if he destroyed the evidence by cremating the dead body, he would be committing another offence. Therefore, we find no force in the argument

Learned counsel for the appellant has further urged that as the appellant was better placed financially as compared to the complainant party, therefore, he would not have demanded dowry. We find no force in this contention. PW 2 Baljit Singh was the only male member in the family. He had four sisters and mother, whereas his father had died long ago. His nearest relations were Tau Har Narain and Tau''s son PW Jaswant. He deposed that the accused used to harass his deceased sister and he paid Rs. 2000, Rs. 5000/ and Rs. 10,000/ on three occasions and that the last money of Rs. 10 000/was paid on the birth of second son fact was not mentioned in the First Information Report, but that was only a minor omission. The witness explained that Rs. 2000/ were withdrawn by him from the Punjab National Bank, Khanpur Kalan in the month of May, 1933. He further explained that thereafter, he paid Rs. 5000/, out of which Rs. 2000/ were taken out from the same bank in the year 1988, in the month of July, and Rs. 1000/ were taken by him from his cousin brother PW Jaswant. The third amount of Rs. 10,000/ according to the witness was taken from PW Jaswant Singh, who had taken the same out of his bank account and the same was paid to the accused on the birth of second son. The greed of a person, whether rich or poor, has no limits. If reply to question No. 27 in the statement under Section 313 of the Code of Criminal Procedure, the appellantRaj Singh stated that after the death of father of deceased Krishna, the complainant had taken over the entire landed property and did not even give the legal share of the property to his sisters and that the complainant never cared about his sisters. The answer of the appellant to question No. 27 shows the greediness of the appellant.

The learned counsel for the appellant has further argued that there is delay in lodging the FIR. There is no force in the contention of the learned counsel. According to CW.2 Baljit Singh, he was informed about the death of his sister at 9.30. He took time to collect respectables and reached village, Osar at 4 P.M. there was no delay in lodging the First, Information Report. We are., fortified by the judgment in Dalai alias Dindoo and another v. State of U.P., 1974 Supreme Court Cases (Cry.) 881. In that, case, the accused armed with a gandasa as spear committed the offence at 10.30 p.m. The First. Information, Report was lodged the next day at 11 a.m. by son of the deceased. The delay or 12 hours was held not detrimental when there was understandable reason for the delay. The First Information Report was rather, lodged promptly and in that first Information Report, the entire extrajudicial confession made by the accused was incorporated. It could not be said that a person would plant extrajudicial confession in such a short span of time.

The accused alleged that deceased Krishna committed suicide. Thus, the appellant had admitted that the deceased had met an unnatural death. Only the difference between the prosecution and the defence version is as to whether the deceased had been killed by the accused or committed suicide. If the story of suicide is found to be false and negatived by various circumstances, then the only conclusion would be that the accused caused her death. We are fortified by the judgment in Roma Nand and others v. State of H.P., 1981 Supreme Court Cases (Crl.) 197.

The story of suicide put by the accused stands negatived and is false keeping in view the various circumstance. The medical evidence does not support the defence of suicide. The doctor gave opinion that the cause of death was asphyxia due to strangulation which was antemortem in nature. There were injuries on the body of the deceased. Clotted blood was present in both the ears and abrasion was present on the right side of the neck. Another abrasion was on the lower lip. There was contusion over the back. Further, an abrasion was present over the back of the left elbow.

Deceased Krishna and her husband appellant Raj Singh lived together and they used to sleep in the same room. DW 1 Sat Pal also corroborated this fact that they used to sleep in the same room and he had reached the place of occurrence just after DW 2 Jagdish had left for informing the complainant in village Khanpur Kalan. Neither he nor the accused Raj Singh ever made any effort to inform the police that the accused Krishna committed suicide..

The deceased Krishna was with accused Raj Singh till her death, He could easily explain as to under what circumstances she died. The accused only stated that she was hot tempered lady, who insisted to live separate from his parents and ended her life by committing suicide. He stated nothing as to how she hanged herself, who first saw her hanging and what was his conduct after seeing his wife hanging. The accused did not state as to whether the deceased used her Chuni, or some, rope or something else for hanging herself, as to whether she hanged from the fan or something else and as to who untied that chuni, rope etc. and as to who made the dead body he down.

DW 1 Sat Pal, Sarpanch of village Osar only stated that he learnt that the deceased had committed suicide. His statement to the effect that the deceased was kept nicely and no quarrel was noticed could not inspire confidence because his relations with the accused were not such that he would come to know of the personal things that transpired between the accused and the deceased.

DW. Jagdish was the person, who was having a joint wall with the house of the accused. He alongwith Ram Mehar was sent by the accused Raj Singh and his father Hukam Singh to inform the complainant about the death of deceased Krishna. During crossexamination, he stated that the deceased herself had committed suicide because she demanded separate residence. It was only his opinion. He made contradictory statement that he had seen the deceased hanging, which was not even the defence of the accused that DW 2 Jagdish had also seen deceased Krishna hanging.

Minor variations, in the version of the witness in examinationinChief and crossexamination, would not effect his credibility, if otherwise, consistent as to the point of substance. In this case, there is substratum that the accused Raj Singh made an extrajudicial confession that he killed his wifedeceased Krishna by strangulation. The extrajudicial confession made by the accused was voluntary and true. The story or suicide stands negatived and is false. The extra judicial confession is supported by medical evidence. The medical evidence has given a definite opinion that the death was caused by asphyxia due to strangulation. The guilt of the appellant is established. The circumstances are of a definite tendency pointing towards the guilt of the appellant and from the totality of the circumstances, the irresistible conclusion is that the appellant Raj Singh committed the offence and murdered his wife and that he being the husband of the deceased Krishna subjected her to cruelty and harassed her with a view to coercing her to meet the unlawful demand of dowry.

Mr. D. S. Bishnoi, Deputy Advocate. General, Haryana has argued that the trial Court has erred in acquitting Krishna Devirespondent He has contended that Krishnarespondent had also made a similar extrajudicial confession before PW 6 Hoshiar Singh and it was so mentioned in the statement of Hoshiar Singh recorded by the Police on the same day (911990) at the time of preparation of the Inquest Report, Ex.PH. PW Hoshiar Singh has stated before the police that extrajudicial confession made by Raj Singh to PWs Baljit Singh and Jaswant was also, heard by him. Even in the Court, he repeated the same thing. PW Hoshiar Singh further stated that the accused Krishna also made a similar admission and, thereafter, PWs Baljit Singh and Jaswant Singh were sent to Police station for lodging the report. This would mean that before lodging the report, PWs Baljit Singh and Jaswant Singh were in the knowledge that Krishna respondent had also admitted her guilt before Hoshiar Singh, but the report, Ex. PD lodged by PW Baljit Singh was altogether silent about it. Had Krishna respondent made any admission of the guilt, PW Baljit Singh must have got recorded that fact in the report. Further PW Baljit Singh, when examined in the Court, did not state that Krishna respondent had also confessed her guilt before PW Hoshiar Singh. Hoshiar Singh was the only witness produced in the court to prove the extra judicial confession of Krishna respondent. According to his statement, PW Umed Singh was also present at that time, but Umed Singh was given up as having been won over.

The extrajudicial confession made by Raj Singh accused could not be used against Krishna respondent. The alleged confession made by Krishna respondent to PW Hoshiar Singh is not proved beyond reasonable doubt. There is also nothing, which will establish beyond reasonable doubt that she also joined her son, accused Raj Singh, in subjecting cruelty to Krishna deceased.

From the above discussion, it would be observed that it was highly doubtful that Krishna respondent made any independent extrajudicial confession. Therefore, case against Krishna respondent is doubtful.

In view of the above mentioned discussion, both the appeals are dismissed.