P.D.DINAKARAN,J.I  Prologue Seldom, criminal trials bring before us persons, who are accused of acts of quivering barbarity.One such act is the offence of rape, which was more in tune with tribal society, and is in existence even now and calls for stringent punishment.This case is even more dreadful as the offence of rape was committed by the accused on his own sister-in-law, and the situation became much more worse, as the sister-in-law of the accused as well as her tiny tot, a thirteen months old girl baby were charred.II  ChargeIII  The case of the prosecutionThe prosecution case, as unfolded from the evidence, runs thus:3.1. P.W.1, Chandrabose is the brother of the deceased.He deposed that the deceased was married to one Thiruselvam and she was living with her in-laws and brother-in-law as a joint family; after one year, the deceased gave birth to a female child; she was tortured to bring money from her parents to take care of her baby; after five/six months, she was tortured to bring money to redeem her jewels which were kept by them for the house expenses and therefore, she went to another brother's house at Yercaud and stayed there for 15 days; the father-in-law took her back assuring that it would not happen in future; two months prior to the date of occurrence, she called him over phone and stated that she was asked by her husband to bring Rs.10,000/- to live separately; she was repeatedly asking for the money since he could not arrange it immediately; on the date of occurrence, at about 2 pm, she called him over phone and enquired about him and asked him to bring money immediately; since she disconnected the phone immediately, he tried to contact her, but he could not; at once, he tried his elder brother and spoke to his sister-in-law P.W.3; he informed P.W.3 about the call by the deceased and asked P.W.3 to visit the place of the deceased and to inform him; at about 3.30 pm, his elder brother called him and informed that the deceased and her baby died due to burn injuries; he went to Yercaud at about 7 pm; he went and lodged a complaint Ex.3.2. P.W.2, Selvi, Noon Meal Assistant, is a neighbour of the deceased.According to her, on the date of occurrence, she returned from the school at about 1.15 pm and was having lunch; around 1.30 pm, the accused called her and asked for little kerosene to clean the machine; since she was having lunch, she gave a 10 litres can containing 6/7 litres of kerosene; after ten minutes, the accused, who was standing at the back side of his house, called her; thinking that he would be returning the kerosene can, she went to his house; she was called inside the house where she noticed the deceased and her child were lying unconscious in the kitchen; when she asked the accused, he informed her that when he embraced the deceased, she did not accept and therefore, he hit on her head with conventional roti roller (for brevity, "poori kattai"), M.O.11 and hence, she fell unconscious and thereafter, he quenched his thirst by having intercourse with her; he wanted to create a scene as if the deceased committed suicide; then, he fisted the child, who was playing, on her face; he laid down the child near her mother; he caught hold of her neck and threatened her not to reveal to anybody, otherwise he would do away with her; he asked her to make call to P.W.1 and to talk like the deceased; he dialled the number and asked her to put her saree pallu on the mouth piece of the receiver; as tutored by the accused, she spoke to P.W.1 like the deceased and enquired him; she stated that she had been tortured for money and asked him to come within one hour, otherwise she would die; thereafter, she immediately disconnected the call; she was again threatened by the accused not to reveal the occurrence to anybody or otherwise, she would be done away in the same manner and her children would become orphans and asked her to leave the place; later, she left the place and returned to the house of the accused around 4pm, when she noticed the deceased and her child burnt and lying in the hall; she was shocked on seeing the deceased and the child burnt by the accused using the kerosene given by her; she was fearing that she may also be done to death in the same manner, she did not reveal anything about the occurrence to Revenue Divisional Officer, P.W.17; however, on 17.8.2003, when P.W.30 enquired, she informed everything; she also informed P.W.31 about the occurrence on 19.8.2003; she gave a statement, Ex.As per the deposition of Mariyayee, P.W.3, sister-in-law of the deceased, there was a dowry demand by the family members of the deceased; after the deceased gave birth to a female child, she was tortured to bring money from her parents to take care of her baby; after five/six months, she was tortured to bring money to redeem her jewels which were kept by them for the house expenses and therefore, she went to another brother's house at Yercaud and stayed there for 15 days; the father-in-law took her back assuring that it would not happen in future; three months thereafter, she came to her house and stated that she was asked by her husband to bring Rs.10,000/- to live separately; the deceased was sent stating that they would arrange money after sometime; 15 days prior to the date of occurrence, the deceased came to her house and informed about the ill-behaviour of the accused towards her and asked her not to reveal the same to her brother; on the date of occurrence, at about 2.30 pm, P.W.1 called from Mettupalayam and informed her that the deceased called him and her family members were torturing her to bring money and asked him to bring money within one hour, otherwise, she would die along with her child; P.W.1 asked her to go to the place of the deceased and to bring her; when she tried the telephone number of the deceased, she was informed that the deceased and her child were dead; immediately on arrival of her husband, she informed him, who, in turn informed P.W.1; P.W.1 informed his brother not to take any action till his arrival; P.W.1 arrived at about 7 pm and thereafter, a complaint was lodged on the file of Yercaud Police Station; two weeks after the date of occurrence, she came to know from the newspaper that the deceased had not committed suicide, but it was a murder; two months thereafter, when she was enquired, she had stated all the details, including the ill-behaviour of the accused with the deceased; at that time only, she informed about the conduct of the accused towards the deceased to the members of the family; she was slapped by her husband for not telling the same earlier, who stated that he would have saved the deceased; that time, P.W.1 raised a doubt as to the voice of the deceased when she called on the date of occurrence.He deposed that he went to the house of the accused at about 1/1.15 pm and asked him to lay the pipeline, which the accused refused stating he had some other work.He then went to Block Development Office and on his return on the next day, he heard the death news of the deceased and her child.Jayaprakash, a building contractor, examined as P.W.5, deposed that on 15.8.2003, at about 2/2.10 pm, when he went along with his brother Dhanapal for ordering Jalli, he saw the accused opening the gate and coming out of his house.3.6. P.W.6, Sathish, who was running Coffee Works at Yercaud, stated that on the date of occurrence, at about 2.10 pm, the accused came to his shop and asked him to drop him at Electrical shop to purchase electrical goods.Accordingly, he dropped the accused at Krishna Electricals.After purchasing some goods, the accused asked him to drop him at Sister Convent.While going, the accused asked him to drive fast.When he enquired as to the urgency, the accused told him that he committed a small mistake and he would tell the same later and he got down at Sister Convent.He was working at Krishna Electricals.He stated that on the date of occurrence, the accused, along with another person, came in a motor cycle between 1.15 and 2.30 pm and purchased three electrical goods for Rs.608/- on credit and left immediately.The carbon copy of the bill with regard to the electrical goods purchased by the accused is marked as Ex.Later he came to know that the accused had murdered his sister-in-law and her child.3.8. P.W.8, Vigneshwaran, was working as Supervisor in St. Annis Convent.On the date of occurrence, at about 9.30 am, both the accused and Thiruselvam came to work.At about 12.45 pm, he asked another Supervisor that he required some electrical goods and left the School.Later, the accused came around 2.45/3.00 pm with electrical goods.After some time, four people came in two wheeler and asked him to send the accused and Thiruselvam.P.W.9, Banumathi, Scientific Officer, Forensic Science Department, Chennai deposed that as per the requisition made by the Court, Ex.P4, she examined M.Os.1 and 4 to 9 and it was detected that the said M.Os. contained Kerosene.The report of the Scientific Officer is Ex.P.W.10, Sivakumar, Scientific Officer issued a report Ex.P6, stating that M.O.10, Kerosene Pump Stove, was not in usable condition.As per Ex.P7, requisition sent by the Court, P.W.11, Kamalatchi Krishnamoorthy, Scientific Officer, examined M.O.15, brief, and detected semen in it as per Ex.P8, Chemical Report and sent the sample blood and salavai to Serological Department.P9 is the Serologist's Report stating that the sample sent was of human origin.P.W.12, Ravi, an LIC Agent, deposed that when he returned home on 15.8.2003, the wife of one Sekar asked him to inform about the death of the deceased and her child to Thiruselvam.As he does not know as to where Thiruselvam was working, he enquired P.W.6 and thereafter went to Annis Convent and brought Thiruselvam and the accused, around 3/3.30 pm.P.W.13 Selvam, a resident of North Street, Periyapudhur, deposed that he, along with one Palanisamy, was present at the time when the accused was giving confession statement to P.W.31, Superintendent of Police to the effect that he would hand over the poori kattai, brief and telephone note book to the police and the admissible portion of his confession statement is Ex.As requested by the Judicial Magistrate V, Salem, in Ex.P13 is the computerised bill for the telephone No.222612 of Yercaud Telephone Exchange.P.W.16, Ettiyappan, Scientific Officer, has deposed that he inspected the scene of occurrence on 16.8.2003 at 7 am.He saw the burnt bodies of the deceased and her child in the hall.P.W.17, Revenue Divisional Officer, on receipt of FIR, conducted inquest over the dead bodies and submitted his report Ex.He sent the body for post mortem through P.W.25, Head Constable.He also sent a report, Ex.P16 to the Judicial Magistrate stating that the death of the deceased and her child was not due to dowry harassment and for further action.The Village Administrative Officer, P.W.18, on hearing that the house of Krishnan caught fire, at about 2.15 pm, went along with one Duraisamy, Village Assistant to the place of occurrence.He peeped inside through the glass window, which seems to be broken due to the heat, and saw the room with full smoke.When he touched the front side door to go inside the house, it opened immediately since it was not latched inside.In the middle portion of the house, he saw two dead bodies in burnt condition and he smelt kerosene odour through out the house.He informed about the occurrence to his higher officials.In his presence, P.W.30, Deputy Superintendent of Police, prepared observation mahazar, rough sketch and recovery mahazar and he had attested his signature in those documents.He also issued Ex.P21 Nativity Certificate with regard to the deceased family.P.W.19, Dr.Ravi Shankar, attached to Mohan Kumaramangalam Medical College, Salem deposed that he examined the hyoid bone of the deceased and found no fracture.Vallinayagam, attached to Government Mohan Kumaramangalam Medical College, examined the accused, found a lacerated injury on the left collar bone 0.5 cm and issued Ex.P25, wound certificate.In his evidence, he deposed that the said injury might be caused due to finger nail scratch.As per requisition Ex.P.W.21, Magisterial Clerk, speaks about the receipt of material objects and sending the same for chemical analysis.P27 is the covering letter of the Court and Ex.P28 is the chemical analysis report.As per the requisition Ex.P30 made by P.W.31 through the Chief Judicial Magistrate, Salem, P.W.23, Judicial Magistrate VI, Salem recorded statements of P.Ws.3, 5, 6, 7 and 8 and others under Section 164 Cr.P.C. Exs.P31 to P43 are the said statements.The Doctor, P.W.24, on receipt of requisitions, Exs.P44 and P45, by P.W.17 for post mortem of the bodies of the deceased and her child, conducted post mortem and issued certificates Exs.P46 and P47 opining that the deceased appears to have died of shock following head injury and shock following burns and her child appears to have died of burns shock.P.W.25, Head Constable, deposed that he took the bodies for post mortem to Government Hospital, Yercaud and entrusted the bodies to their relatives after autopsy.As directed by P.W.31, P.W.26, Photographer, took photos at the scene of occurrence.P48 series are photos and Ex.P49 series are their negatives.P.W.27, Sub Inspector of Police, on receipt of information, went to the place of occurrence at 3 pm.P57 is Ex.P.W.30, the Deputy Superintendent of Police, deposed that on receipt of Ex.P50, F.I.R, he went to the place of occurrence, along with Scientific Officer, P.W.16 and obtained his opinion.He prepared an Observation Mahazar, Ex.P18 and a Rough Sketch, Ex.He caused photographs of the dead bodies, Ex.P55 series, through P.W.26, photographer.He recovered M.Os.1, 4 to 10 under Mahazar, Ex.P19, in the presence of P.W.18, Village Administrative Officer and his menial.He also examined the witnesses and recorded their statements.After getting opinion from the doctors who conducted autopsy, he altered the charges under Section 302 and 376, IPC and sent the altered FIR, Ex.P60, to the Judicial Magistrate.P.W.31, the Superintendent of Police, Salem, in his evidence, narrated the investigation undertook by him.According to him, he went to the scene of occurrence and examined P.Ws.2 and 4 and the relatives of the deceased orally.He recorded the confession statement given by the accused in the presence of Sellam and Palanisamy in writing and through P.W.29, Police Videographer.On 21.8.2003, at 7.00 a.m. he recovered the wood used for preparing rotis along with poori kattai, M.O.11, full hand white colour shirt, pant and brief on being produced by the accused from kitchen in the presence of witnesses.He also seized indane gas cylinder, regulator, gas tube and double door in the presence of Selvam and Palanisamy.He remanded the accused to police custody.On 22.8.2003, he examined Sukumar, Inspector and recorded his statement.On 23.8.2003, he examined P.W.3 and recorded her statement.On 24.8.2003, he examined P.Ws.6,7, 8 and 12 and others and recorded their statements.On 25.8.2003, he examined the prisoners viz., Krishnan @ Venkatachalam, Sellammal and Thiruselvam, who are father, mother and brother of the accused respectively, and recorded their confession statements.He examined P.W.18 and got residential proof of the deceased family.He examined father, mother and brother of P.W.3 Selvi and recorded their statements.He also examined P.W.2 and recorded her statement through video.On 1.9.2003, he sent the accused to judicial custody.On 2.9.2003, he examined P.W.22, Judicial Magistrate and recorded his statement.On 10.9.2003, he examined P.W.20, Dr.Vallinayagam and recorded his statement.He sent M.O.15 brief to the Court for chemical examination through Ex.P.61 requisition.Thereafter, he sent Ex.P30 requisition for recording statements of the witnesses under Section 164 Cr.P.C. On 18.9.2003, he sent the material objects to the Court for subjecting the same to chemical analysis.On 16.10.2003, he examined post-mortem doctors and recorded their statements.He also examined P.W.1, Thangavel, brother of P.W.1 and P.W.3 and recorded their statements.The evidence of P.Ws.1 and 3 is in one voice qua the conduct of the accused towards the deceased to quench the thirst of lust is concerned.In fact, the deceased herself had shared her worries about the ill-behaviour of the accused towards her to P.W.3, during her last visit to the residence of P.W.3, and also requested P.W.3 not to inform to her brother, viz. husband of P.W.3, fearing future consequences.To quench the thirst of lust, the accused had chosen the time when the deceased was alone at the residence, left the school as spoken to by P.W.8, viz., the accused was absent from the School from 12.45 pm to 2.45/3 pm.Apart from proving his absence in the School, the prosecution has also substantiated the presence of the accused in the place of occurrence through the evidence of P.W.4, Councillor of Yercaud Town Panchayat who saw the accused in his house between 1 and 1.15 pm.The next question that arises is whether the prosecution has proved or not the links between the next chain of circumstances, viz. fisting the child on her face and on her becoming unconscious, laying her near the deceased and thereafter, murdering them and threatening P.W.2 with dire consequences and making her to speak to P.W.1 impersonating the deceased in order to make the death of the deceased and her child as a suicide, to substantiate the offence under Section 302, IPC beyond all reasonable doubts?According to P.W.2, the accused asked her some kerosene to clean the machine.Since P.W.2 was having lunch, she has given 10 litres capacity can containing around 6/7 litres of kerosene to the accused.As soon as P.W.2 entered the house, she found the deceased and her child were lying unconscious in the kitchen.When she enquired the accused, he stated that when he embraced the deceased, she did not accept and therefore, he hit on her head with poori kattai, M.O.11 and when she fell unconscious, he quenched the thirst of lust by committing the offence under Section 376, IPC and since he wanted to simulate the occurrence as if the deceased committed suicide, he fisted the child, who was playing, on her face and laid her near her mother.Thereafter, P.W.2, made call to P.W.1 impersonating the deceased, being threatened by the accused that he would do away with her in the same manner like the deceased if she tells to anybody about the occurrence, and later left the scene of occurrence.Around 4 pm, when she came to know that the deceased and her child were burnt, she went to the house of the deceased and witnessed the burnt bodies of the deceased and her child in the kitchen.Further, P.W.24, Doctor, who conducted post mortem had deposed that the back side of the body, crown of the head and the soles were not burnt and therefore, there is no possibility of committing suicide.What is left to be decided is whether the prosecution has proved the link between the chain of circumstances with regard to the screening of the offence by pouring kerosene on the deceased and her child.The accused, in his extra judicial confession made to P.W.2, had stated that he had committed the offence under Section 376, IPC and to make it as a suicide, he asked P.W.2 to give kerosene and thereafter, he poured the kerosene on the unconscious deceased and her child and set them on fire and screened the offence under Section 376, IPC.The above statement would make it clear that the accused had the intention to screen the offence under Section 376, IPC.That apart, as per Ex.P46, post mortem certificate, the symptoms for the commission of offence under Section 376, IPC could not be traced due to the extensive second degree burns over the front on all the parts of the body of the deceased.P57 is the video cassette and Ex.While proceeding with the investigation, on 18.08.2003, after getting the opinion of the Doctor by preparing medico legal questionnaire and recording the statements of witnesses, he altered the provisions of offence as the ones under Sections 302 and 376 IPC.and sent the altered report Ex.P-60 to the Judicial Magistrate.On 19.08.2003, he handed over the investigation to PW-31 the Superintendent of Police, Salem, and was assisting him in further investigating the matter.On 23.08.2003 at 7 A.M., PW-30 arrested the parents of the accused.xxviii) PW-31 is the Chief Investigating Officer/Superintendent of Police, who after taking over the investigation from PW-30, proceeded further.On 19.08.2003, he went to the scene of occurrence and recorded the statement of PW-2 and that of other witnesses.The absconding accused was produced before him by the Inspector of Police on 20.08.2003 at 1.30 P.M. He sent him to the Hospital for obtaining medical opinion.After complying with the legal formalities, he recorded the statement of the accused.He produced the accused with a report before the D.R.O., Salem, to record his statement in writing and through video.The Station House Officers, amongst various other assignments, also entrusted with the job of investigation of crimes.Unless an officer is hand and foot assigned for conducting investigation of a case in a full-fledged manner and pursuing the same in a court of law, it would be impossible to occlude the resultant failures in the administration of criminal justice, leading to wrong acquittals.In such circumstances, suggestion is made to the Government to establish a separate "Crime Investigation Wing" exclusively for investigation, prosecution and to take necessary follow-up action, as found in the developed countries in order to attain the avowed objectives of the criminal justice and administration system.Registry is directed to communicate copy of this Judgement to the Secretary to Government, Government of Tamil Nadu, and the Director General of Police, Tamil Nadu.The Chief Secretary to Govt., Govt. of Tamil Nadu, Fort St. George, Chennai.The above-said ghastly incident was said to have taken place on 15.8.2003 within the jurisdiction of Yercaud Police Station.This horrifying issue, stimulated the Superintendent of Police, Salem District, P.W.31 to undertake investigation by himself and to register an FIR in Crime No.350 of 2003, initially for an offence punishable under Section 304-B, IPC, which was subsequently altered, pursuant to which the appellant was tried and thereafter, convicted and sentenced to undergo (i) seven years rigorous imprisonment with fine of Rs.5,000/-, in default, on year rigorous imprisonment for having committed the offence of rape on the deceased mother under Section 376, IPC; (ii) life imprisonment with fine of Rs.10,000/-, in default, one year rigorous imprisonment for having murdered the deceased mother and 13 months old girl baby under Section 302 (2 counts) IPC; (iii) two years imprisonment with fine of Rs.1,000/-, in default, one month rigorous imprisonment for having poured kerosene on the mother and 13 months old baby and set them on fire in order to screen the offence under Section 302 read with 201 (2 counts), IPC; and (iv) seven years rigorous imprisonment with fine of Rs.2,000/- in default, one year rigorous imprisonment for having caused criminal intimidation to P.W.2 under Section 506(2), IPC.As per requisition Ex.P23 made by P.W.31, P.W.20, Dr.He saw the burnt bodies of the deceased and her child, surrounded by lot of people.Around 8 pm, P.W.1 gave a written complaint, Ex.P1 and registered the FIR, Ex.P50, in Crime No.350 of 2003 for the offence under Sections 304-B and 498-A, IPC.F.I.R. was sent to the Revenue Divisional Officer, P.W.17, as well as to the Deputy Superintendent of Police, P.W.30, for further action, since the occurrence took place within two years from the date of marriage of the deceased.As per Ex.P51, requisition made by P.W.31, P.W.28, District Revenue Officer, examined the accused and recorded Ex.P52 confession statement in video through P.W.29 Police Videographer.P57 is the video cassette.The Videographer, who was examined as P.W.29, deposed that on instructions from P.W.31, he took video at the time of enquiry and took photo of the accused, before recording the video.P55 is the photo of the accused.Print of Ex.He also examined P.W.7 Shanmugam in respect of the electrical goods sold to the accused and seized the credit bill and recorded his statement.After completing the investigation, he filed a charge sheet against the accused under Sections 506(i), 376 and 302 read with 201 (2 counts) IPC and also filed a separate charge sheet against Thiruselvam, accused, Krishnan @ Venkatachalam and Selvam under Section 498(A)The case was committed to the Court of Sessions and charges were framed and since the accused denied his complicity in the offence, the case was taken up for trial.On completion of the examination of the prosecution witnesses, the accused was questioned under Section 313, Cr.P.C. on the incriminating materials for which the accused denied any complicity in the offence committed and claimed innocence.On the side of defence, D.Ws.1 to 4 were examined and Exs.D1 to D11 were filed.3.35. D.W.2, sister of the accused, deposed that the deceased called her on 13.3.2008 and stated that when she went to her brother's house for asking Rs.10,000/-, her brother and her sister-in-law refused to give money and sent her out of their house forcibly.She further stated that at about 9 am on the date of occurrence, the deceased called her over phone and stated that she does not like to live due to the distress caused by the scolding of her brother and sister-in-law.3.35. D.W.3, Manger of Indian Bank, Mechery Branch, deposed that the accused came to the bank on 20.8.2003, the accused came to the Bank between 10 am to 2pm and redeemed the jewels pledged in the Bank.3.36. D.W.4, who was working as the Sub Divisional Engineer (Legal), BSNL, deposed that no outgoing STD call was made from telephone No.222032 in August, 2003, as per the magnetic tape maintained by the Exchange for registering all the STD outgoing.The Court examined one Francis as C.W.1, who deposed that on hearing noise from the house of the deceased, he saw the smoke emanating from the house of the deceased.He went to the house of the deceased and saw the window glass broken due to the heat and since some people were standing in front of the house, he climbed up the roof of the house and removed the tiles in order to enter into the house and saw the bodies of the deceased and her child in the hall.The learned I Additional Sessions Judge, Salem, upon appreciation of the evidence and hearing both sides, convicted and sentenced the accused as aforementioned.Hence, the above appeal.V  Contentions of the appellantMr.K.V.Sreedharan, learned counsel for the appellant, challenges the order of conviction and sentence as follows:(b) The case of the prosecution rests upon the complaint Ex.In the said complaint, P.W.1 had not uttered anything about the conduct of the accused towards the deceased.(d) Further, P.Ws.4 to 8, who spoke about the movement of the accused on the date of occurrence, are not reliable witnesses, as they were examined after a period of 10/15 days.(e) The carbon particles found deposited more in the kitchen, than in the hall, would prove that the deceased had committed suicide along with her child, as it is supported with the fact that the tiles in the kitchen alone were removed and also by the evidence of P.W.1 who had stated that the deceased called him and stated that she would commit suicide if he did not reach her place within one hour with money.Therefore, there is a possibility that the people who entered the house, after gaining the entry, would have removed the body to the hall, and accordingly, the deceased had committed suicide only and the offence under Section 302, IPC is not made out.(f) From the statement of D.W.2, sister of the accused, that two days prior to the date of occurrence, the deceased called her over phone and informed that her brother refused to give money and scolded her and on the morning of the date of occurrence, she informed that she was very much dejected and she did not want to live, it can be clearly elucidated that the deceased had only committed suicide.(g) Alternatively, since the death of the deceased and her child was due to burn injuries and the accused has no motive to commit the murder of the deceased and her child, it can be assumed that the accused wanted only to screen the offence.Therefore, the offence under Section 302, IPC is not made out.(h) Finally, the offence under Sections 376, 302 (2 counts) and 302 read with 201, IPC has not been proved with medical evidence and beyond any reasonable doubt and therefore, conviction and sentence have to be set aside.Therefore, the same would not make her evidence unreliable, as she is the only witness who saw the deceased and her child in the kitchen before they were burnt and in the hall after they were burnt.P1 itself.Further, since he received a call at about 2.00 pm on the date of occurrence from P.W.2, who impersonated as the deceased, P.W.1 had the suspicion that she would have committed suicide due to dowry harassment.After coming to know about the conduct of the accused, P.W.1 stated the same to P.W.31, Superintendent of Police.Therefore, the evidence of P.W.1 cannot be stated as untrustworthy.(c) P.W.3 was of the opinion that the death of the deceased and her child was due to dowry harassment and she had no doubt that it was homicide.On seeing the article in the newspaper that the death was homicide, she recalled about the statement made by the deceased with regard to the conduct of the accused 15 days prior to the date of the occurrence.The same, however, would not render the evidence of P.W.3 undependable on the ground that it was given after two months.(d) P.Ws.4 to 8 speak about the movement of the accused just prior to the occurrence and immediately after the occurrence and at the place of the occurrence.The delay in obtaining their evidence was due to the fact that the case was initially registered for the offence under Section 304-B and 498-A, IPC and only later, it was registered for the offence under Sections 376, 302, 302 read with 201, IPC.Moreover, they are not eye witnesses to the occurrence.Further, the Investigation Officer was not cross examined with respect to the delay in examining those witnesses.Therefore, the delay in examining P.Ws.4 to 8 would not make their evidence unbelievable.(e) As per the evidence of C.W.1, who removed the tiles of the house of the deceased, the bodies of the deceased and her child were found in the hall only.This is strengthened with the statement of P.W.2, who witnessed the bodies in the kitchen before they were burnt and in the hall, after they were burnt.Even though the carbon particles were found deposited in the kitchen, the same would not change the nature of offence, because, P.W.16, Scientific Officer and P.W.24, Doctor, who conducted autopsy, were of the opinion that it was not suicide since the hair in the crown and back of the head, back side of the body and soles were not burnt.(f) If the statement of D.W.2 is true that the deceased informed her that she was very much depressed on the morning of 15.8.2003, viz. date of occurrence and therefore, she did not want to live, naturally D.W.2 should have informed the same to her brother and parents.Failure to do the same would make it clear that D.W.2 would have also joined along with her brother in demanding money and therefore, the contention that the deceased had committed suicide has to be rejected.(g) P.W.2 had deposed about the extra judicial confession made by the accused that he had an eye over the accused and since the deceased refused to heed his wish, he hit the deceased on her head and when the deceased fell unconscious, the accused committed the offence under Section 376, IPC.P.W.2 also witnessed the deceased and her child lying in the kitchen before being burnt and in the hall after they were burnt.This would prove the motive of the accused and clearly establishes the offence under Section 302, IPC.We have also perused the entire materials on record.Before proceeding further, it is apt to refer the law laid down and the tests to be adopted for placing reliance on the extra judicial confession and the circumstantial evidence.The prosecution mainly depends on the extra judicial confession of the accused made to by P.W.2, neighbour and P.W.28, District Revenue Officer.While P.Ws.1 to 3 speak about the motive, P.Ws.4 and 5 speak about the movement of the accused near the scene of occurrence and P.Ws.6 to 8 speak about the absence of the a