Holding

The conviction under Section 302 IPC is upheld because the circumstantial evidence forms a complete, unbroken chain pointing to the accused, and the alibi is disbelieved as a factual finding not subject to reversal on special leave.

Summary

Gurpreet Singh, an ex‑Air Force officer, was charged with murdering his wife Kalpna by setting her on fire. There was no eye‑witness; the prosecution relied on circumstantial evidence including a strained marital relationship, a pending divorce with a monetary settlement, prior instances of domestic violence, the appellant’s presence at the scene, the victim’s body found in a pugilistic sitting posture, burn injuries on the appellant, and forensic residues of petroleum. The appellant claimed an alibi, asserting he arrived only after being informed of the fire and sustained burns while trying to save his wife. The trial and High Courts rejected the alibi, finding the circumstantial evidence formed a complete, unbroken chain pointing to the accused, and held that inconsistencies in a Section 161 statement do not warrant total rejection of the witness. The Supreme Court affirmed that circumstantial evidence can alone sustain a conviction if the chain is complete, that alibi is a factual issue not reviewable on special leave, and consequently dismissed the appeal, upholding the conviction under Section 302 IPC.

Issues considered

The adequacy of circumstantial evidence to sustain a conviction for murder under Section 302 IPC.
Whether inconsistencies between a witness's statement under Section 161 CrPC and other evidence necessitate rejection of the testimony.
Whether a plea of alibi, once found false by lower courts, can be revisited on a Special Leave Petition under Article 136.
Whether the chain of circumstantial events in the case is complete without any 'snap' that would give the accused benefit of doubt.

Legislation cited

Code of Criminal Procedure, 1973s. 161, s. 313
Constitution of Indias. 136
Hindu Marriage Acts. 13-B
Indian Penal Code, 1860s. 302

Subjects

murdercircumstantial evidencealibifire deathbride burningSection 302 IPCSection 161 CrPCSection 313 CrPCHindu Marriage ActSpecial Leave Petitionforensic evidence

Judgment

GURPREET SINGH
v.
STATE OF HARYANA

SEPTEMBER 12, 2002

[UMESH C. BANERJEE AND Y.K. SABHARWAL, JJ.] B

Penal Code, 1860-Section 302-Murder of wife by husband-
Circumstantial evidence against husband-Plea of Alibi-Disbelieved and
convicted by courts below-On appeal-Held, in view of the conduct of the C
accused, and the motive, there is sufficient evidence on record to connect him
to the crime-Conviction upheld.

Criminal Trial: Circumstantial evidence-Evidentiary value of-Held,
can alone and by itself can form basis of conviction, provided chain of events
is complete in such a way as to poi1Jt out the guilt of accused and none other. D
Inconsistency between evidence and statement u/s 161 Cr.P.C.-Ejfect
of-Held, does not imply total rejection of the evidence, but the same to be
subjected to close scrutiny.

Constitution of India, 1950-Artic/e 136-Special Leave Petition- E
Interference with concurrent finding of fact-Held, not permissible.

Appellant-accused was prosecuted for having murdered his wife by
setting her on fire. There was no eye witness to the incident. Prosecution
relied on the circumstances that appellant-accused and deceased-wife were
having estranged relationship and divorce proceeding by mutual consent F
had already been initiated and husband had consented to give Rs. 3 lakhs
to the deceased··Wife. She had half share in the house property jointly
owned by the couple. Both of them were living together. PWl, neighbour
of the appellant, had seen the appellant-accused beating the deceased 15-
16 days prior to the incident. On the date of incident, at night, PWl heard G
shrieks and saw smoke from appellant's house and noticed the appellant
and his servant present in the house. He informed the police and fire
brigade. The investigating officer found the deceased in sitting posture on
sofa, and appellant sitting in another room. Two rooms were burnt but
the room in which appellant was sitting had no marks of burning. There

337
H
338 SUPREME COURT REPORTS [2002) SUPP. 2 S.C.R.

A were burn injuries on the person of the appellant. According to report of
Serologist residues of petroleum were found on certain exhibits. Appellant
took the plea of alibi, stating that he reached the house on being informed
about the fire and he sustained burn injuries in the act of saving his wife.
The evidence of PWl was inconsistent with his statement u/s 161 Cr.P.C.

B Trial Court convicted the appellant-accused u/s 302 IPC disbelieving
his plea of alibi and relying on the circumstantial evidence. High Court
confirmed the conviction. Hence this appeal.

Dismissing the appeal, the Court
c
HELD: 1. Circumstantial evidence alone and by itself can form the
basis of conviction, provided, however, there is no snap in the chain of
events: the chain of events must thus be complete in such a way so as to
point to the guilt of the accused person and to none others-it is not a
D mere matter of surmise or conjecture but the events ought to be so tell-
tale that one cannot but come to the conclusion that accused is the guilty
person. Standard of proof has thus to be at a much higher degree lest an
innocent person gets the blame therefor. The approach of the court thus
ought to be extremely cautious and upon proper circumspection as regards
the appraisal of the available evidence on record. The Court ought thus
E to scrutinize the evidence and deal with each circumstance and thereafter
find the chain of the established circumstances being complete; if the
answer is in the affirmative, there should not be any hesitation in the
matter of return of a verdict of guilt on the basis of circumstantial
evidence. In the event, however, there is a snap in the chain and the
F conclusion may not steadfastly point or reach the accused, the latter is
entitled to a benefit of doubt. [346-B-D; 348-A-CI

Kundula Bala Subrahmanyam & Anr. v. State of Andhra Pradesh, [1993[
2 sec 684, relied on.

G 2. In the event of a portion of evidence not being consistent with the
statements given under Section 161 Cr.P.C. and the witness stands
declared hostile that does not, however, mean and imply total rejecti9n
of the evidence. The portion which stands in favour of the prosecution or
the accused may be accepted but the same shall be subjected to close
H scrutiny. (346-G, Hf
GURPREET SINGH v. STATE OF HARY ANA 339
State of UP. v. Ramesh Prasad Misra & Anr., 11996) to SCC 360, A
referred to.

3. Plea of alibi stands disbelieved by both the courts and since the
plea of alibi is a question of fact and since both the courts concurrently
found that facts against the appellant, the accused, this Court cannot on
an appeal by special leave go behind the finding of fact. 1347-F~G I B

Thakur Prasad v. State of Madhya Pradesh, (1954) Crl. Law Journal
261, relied on.

4. There is no eye-witness account but the incriminating conduct and C
activity of the accused have been proved by overwhelming evidence. The
investigating officer found the appellant sitting in the other room and the
body of the deceased-wife totally burnt in a sitting posture, that of course·
goes on well with the Medical Jurisprudence since heat would have the
effect of stiffening and contraction of muscle causing the arms to become
nex and knees bent. The photographs produced before the Court show D
the devastation of fire, obviously a definite attempt to see that one does
not survive in any event. The appellant-accused has not offered any reason
nor explanation except a plea of alibi, which the High Court ascribed to
be as false denial. The chain of events dispels any doubt and there seems
to be sufficient evidence on record to connect the appellant with the brutal
killing of his wife, the motive of which is apparent. The conviction and E
sentence passed against the appellant as confirmed by the High Court is
upheld. 1348-E-G; 349-AJ

Arvind Singh v. State of Bihar, 12001) 6 SCC 407, relied on
F
CRIMINAL APPELLATE JURISDICTION : CrimiraI Appeal No.
130 of 2002.

From the Judgment and Order dated 24.7.2000 of the High Court of
Punjab and Haryana in CRL. A. No. 553 of 1995.
G
KTS Tulsi, Tara Chandra Sharma, Rishi Malhotra, Ajay Sharma and
Ms. Neelam Sharma for the Appellant.

J.P. Dhanda, Ms. Raj Rani Dhanda, K.P. Singh and Ohan Singh Nagar
for the Respondent.
H
340 SUPREME COURT REPORTS [2002) SUPP. 2 S.C.R.

A T~e Judgment of the Cou11 was delivered by

BANERJEE, J. The appellant Gurpreet Singh an Indian Air Force
personnel had a love marriage with one Kalpna, a Nurse in a Military Hospital
(since deceased). Later the facts reveal that Gurpreet left his job from Indian
Air Force and joined as Assistant Vigilance Officer in Maruti Udyog in
B Gurgaon and Kalpna was also adjusted in the same Maruti Udyog in a section
known as Bharat Seats. They lived in House No. C-2-113/4 D.L.F. Phase-I,
Qutab Enclave, Gurgaon and has a son Sundeep out of their lawful wedlock.

It appears that the parties to the said marriage did not pull on well and
C the deceased and the appellant made a joint petition (Ex. P.N.) before the
learned District Judge, Gurgaon under Section 13-B of the Hindu Marriage
Act seeking divorce by mutual consent on 14.12.1993; though concededly
they lived under one roof till Kalpna breathed her last as noticed hereinbefore
in this judgment. The next date fixed in the petition was 17.7.1994.

Incidentally, on the further factual score it appears that purchase of flat
D
No. C-2-113/4, Gurgaon (Ex.A4) prior to filing of consent petition however
was in the joint name of both the spouses. The deceased thus had a half share
in the flat and the consent petition for divorce created a bounden obligation
for the appellant to pay a sum of Rs. 3,00,000 to the wife.

E Materials available in the matter depict that around 11.00 or 11.30
O'clock in the night of 13/14.2.1994, there were some sounds of shrieks and
cries from the house of Gurpreet Singh and Ashok Mazumdar, (P. W. I), a
Businessman, living in House No. 113/3-2-2 D.L.F. Colony, Phase I, Gurgaon,
not being aware of the happenings got up from sleep and saw from the
window that the smoke was emitting from the said apartment and he noticed
F the appellant and his servant being present there. The neighbourly gesture
prompted him to telephone the police as well as the fire brigade and Sub
Inspector Bir Singh (P. W.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
G 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 records depict that
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/I was recorded by S.J.
Devinder Singh.
H
GURPREET SINGH v. STATE OF HARY ANA [BANERJEE, J.] 341

The burnt remains of the clothes of the deceased were taken into A
possession by Inspector Murari Lal. (PW. 7) who. as the records depict,
recorded the statement of Ashok Mazumdar (Ex.PA) and that of one Raj
Kumar Chawla (Since deceased). Though I0112 persons also gathered at the-
•' spot but they were not prepared to state or disclose anything Records further
depict that preparation of site plan (Ex.PQ) as also the inquest report (Ex.PP). B
Five match sticks in a match box were taken into possession (Ex.PJ) along
with a plastic can with cap and a writing pad (vide recovery memos Exs.PK,
PL and PM). After the photographs Ex.PT/I to PT/4 of the dead body were
taken, the same was sent for post-mortem examination.

On 16.2.1994 the appellant was arrested because Shri Ashok Mazumdar, C
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. There was the presence of the accused on
the place of occurrence with unusual calmness without any attempt even to
explain how the occurrence took place obviously led to the inference that he D
and none else had a hand in the crime.

A site plan according to scales was not prepared from PW.3 Moo!
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 E
the scene of occurrence were despatched to the Forensic Science Laboratory.

On 15.2.1994 at 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:
F
"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. Puggilistic
attitude of the body was there. There was no clothes over the body. G
There was no smell or 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.
H
342 SUPREME COURT REPORTS [2002) SUPP. 2 S.C.R.

A The body above the level of pelvis was totally charred. Deeper muscles
of abdomen and chest also charred exposing bone at places. Both
lower limbs were deep to superficially burnt showing red line of
demarcation. Larynx and tracheae were healthy but containing block
particles. Heart was full of cheery red colour blood. The duration
between injuries and death was immediate."
B
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.

On 17.2.1994, at 10.00 A.M. the said doctor also medico legally
C examined 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 I cm over bridge of nose.

(2) 3 cm X 2 cm infected bum wound with same features as one
over left ala of nose.
D
(3) 2 mmX I 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 medical end of right eye brow.
E
(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.
F
In the opinion of the Doctor the injuries were simple in nature having
been caused by bums.

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
G 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.I Ravinder Nath Puri had taken the dinner together around 9.00 P.M, .in
his Apartment and had gone to Gymkhana Club where he received a telephonic
H message around 11.00 P.M. from Raj Kumar a neighbour of the accused that
GURPREET SINGH v. STATE OF HARY ANA [BANERJEE, J.] 343

the house was emitting fire. He and Ravinder Nath Puri, DW. I reached the A
scene of occurrence and in his attempt to extinguish the fire, received burn
injuries noticed above. He also stated tha• 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 was
not innocent as he claimed tQ be, but was the actual offender - The liability B
of loan, differences he had with his wife and the deceased having a half share
in the apartment, led to the job of eliminating her. According to the findings
the appellant took a false plea of alibi and had nothing to do in Gymkhana
Club late in the night. As a matter of fact, the learned Sessions Judge recorded
that the burns on the appellant were received when he was trying to burn the C
wife rather than was extinguishing the fire and the pose of the deceased
sitting on a sofa as shown in photographs (Ext. PT/I to PT/4) was such that
if she had either committed suicide she would have run here and there and
posture could not have been the way as it transpires from the records. This
is more so by reason of the factum of presence of the appellant in the house
when he committed the act of murdering his wife. Observed the learned D
Judge. Accused did not disclose anything nor gave any explanation of the
situation confronted to him and the only inference that could be drawn was
that he committed the crime.

On the basis of the aforesaid the appellant was convicted under Section E
302 of the Indian Penal Code and was sentenced to undergo rigorous
imprisonment for life.

In the appeal against the order of conviction and sentence, the High
Court rejected the contentions in support of the appeal with a positive finding
that there exists sufficient circumstantial evidence on record to connect the F
accused with the sordid crime he committed.

Before proceeding further however and since the injuries as noticed
above relate to burn, we feel it expedient to note the observations of this
Court in Arvind Singh v. State of Bihar, [2001] 6 SCC 407 wherein one of G
us (Banerjee, J.) dealt with such injuries in quite some detail. This Court
observed :

"6. Burn injuries are normally classified into three degrees. The first
being reddening and blistering of the skin only; second being charring
and destruction of the full thickness of the skin; third being charring H
344 SUPREME COURT REPORTS (2002] SUPP. 2 S.C.R.

A of the tissues beneath the skin, e.g. fat muscle and bone.

7. Be it noted here that if the bum is of a distinctive shape a
corresponding hot object may be identified being applied to the skin
and thus abrasions will have distinctive patterns but in the event a
burn injury is the cause of death then 60% cases are of septicaemia
B and 34% cases are of bronchopneumonia. Where infection ·was by
pseudomonas pyocyanea spread to unburnt skin ulceration may occur,
and internal infection by this organism is especially liable to damage
the walls of blood vessels. Gram-negative shock may also occur. The
external examination in the normal cases are found in the body being
removed from a burnt building and in the event of such a removal the
c cause of death would be inhalation of fumes rather than septicaemia
as noticed above. In the event the body is not removed from the room
and same remains in situ, an examination of the scene must be
attempted, as with any other scene of suspicious death, note being
taken as regards the position of the body, clothes remaining if any
D and identifiable objects in the room and so on. The examination of
the burns is also directed to ascertain their position and depth, as to
whether they were sustained in life or not, and whether their situation
gives any indication of the path taken by the flames or the position
of the body when the fire started. If the body is very severely burnt
then all the skin surface may be destroyed, even sometimes making
E it rather difficult for identification of the body. A body that is badly
burnt assumes the appearance known as "pugilistic attitude" and this
is due to heat stiffening and contraction of the muscles; causing the
arms to become flexed at the elbows and the hands clenched, the
head slightly extended and the knees bent. The appearance resembles
F the position adopted by a person engaged in a fight and has led on
occasions to suspicion that the death occurred during some violent
crime. In fact. of course, the body will assume this position when the
fire started. The other aspect of the burn injury is that heat ruptures
may be produced. These are splits of the skin, caused by contraction
of the heated and coagulated tissues, and the resultant breaches look
G like lacerated wounds. They are usually only a few inches, but, may
be up to 1 or 2 ft in length. Normally they lead to no difficulty in
interpreta1.on, since they occur only in areas of severe burning, and
normally over fleshy areas of the body, like calves and thighs where
lacerations are uncommon. However, when they occur in the scalp
H they may cause greater difficulties. They can usually be distinguished
GURPREET SINGH v. STATE OF HARY ANA [BANERJEE, J.] 345
from wounds inflicted before the body was burnt, by their appearance, A
position in areas of maximum burning and on fleshy area, and by the,
associated findings on internal examination. (See in this context
Taylor's Jurisprudence.)

8. Although shock due to extensive burns is the usual cause of death,
delayed death may be due to inflammation of the respiratory tract B
caused by the inhalation of smoke: Severe damage, at least to the
extent of blistering of the tongue and upper respiratory tract, can
follow the inhalation of Smoke."

Apropos the burn injures, the report of the Forensic Science Laboratory,
Haryana., seem to be of some relevance, as such the same is set out C
hereinbelow:

"RESULT OF EXAMINATION

(I) Residues of petroleum were detected in Exhibits I, 2, 3, 4 and
s. D
(2) Carbon monoxide was detected in Exhibit-6 (Blood.)"

In this context, the observations of the High Court in the judgment
impugned ought also to be noticed : The High Court did delve into the matter
rather elaborately and with due importance it deserved. The High Court E
stated:

"The most important factor in the case remains to be that the
photographs Ex.PT/I to PT/4 are of the most vital importance. Kalpna
deceased had been shown in a sofa Ex. PI in a sitting posture i.e. like
a pugilistic pose. She is in an absolute sitting pose on a sofa. If one F
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/I
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 G
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 that there was no one who could be taking interest to
prosecute the appellant. This posture of the deceased clearly established
that if the case had been that of suicide she would have tried to H
346 SUPREME COURT REPORTS f2002] SUPP. 2 S.C.R.

A struggle and move here and there rather than to be killed on the sofa
itself. So these photographs are 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 the inquest report Ex.PP revealed that the fire had been so
B 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."

C Coming back on to the merits of the matter now, it thus appears that
there is no direct evidence available so as to connect the appellant with the
incident - but only circumstantial evidence : It is however now well settled
that while circumstantial evidence alone and by itself to form the basis of
conviction, provided, however, there is no snap in the chain of events: the
chain of events must thus be complete in such a way so as to point to the
D guilt of the accused person and to none others - it is not a mere matter of
surmise or conjecture but the events ought to be so tell - tale that one cannot
but come to the conclusion that accused is the guilty person. Standard of
proof has thus to be at a much higher degree lest an innocent person gets the
blame therefor. The approach of the Court thus ought to be extremely cautious
E and upon proper circuminspection as regards the appraisal of the available
evidence on record. Various citations were referred to by the parties during
the course of hearing, but the law seems-to be so well-settled, that we may
not detain ourselves on that score.

At this juncture a brief recapitulation of events may be worthwhile -
p so as to assess the situation ourselves in its proper perspective. Mazumdar
heard a shriek - gets up and finds smoke coming out of Ahluwalia's window
: on seeing the smoke, came out of the house and met Ahluwalia and the
servant who. in fact, said to have informed him of the fire in the house and
thereupon informs the Police as also the fire brigade - this is the statement
said to have been recorded. by the Police under Section 161 Cr.P.C.: In the
G witness box however, there is some variation and Mr. K.T.S. Tulsi, the learned
Senior Advocate appearing in support of the appeal has been rather emphatic
that reliance on Section 161 statement in preference to the other evidence
available from Mazumdar has been the key feature in the matter of acceptance
of the prosecutor's version rather than a total disbelief of the same.

H Incidentally, it is now well-settled that in the event of a portion of
GURPREET SINGH v. STA TE OF HARY ANA [BANERJEE, .I.] 34 7
.:'.'
evidence not being consistent with the statements given under Section 161 A
and the witness stands declared hostile that does not, however, mean and
imply total rejection of the evidence. The portion which stands in favour of
the prosecution or the accused may be accepted but the same shall be subjected
to close scrutiny. It is in this context the observations of this Cou11 in State
of UP. v. Ramesh Prasad Misra & Anr., [1996] 10 SCC 360 seem to be B
rather apposite and the same is thus set out hereinbelow:

"7. The question is whether the first respondent was present at the
time of death or was away in the village ofDW 1, his brother-in-law.
It is rather most unfortunate that these witnesses, one of whom was
an advocate, having given the statements about the facts within their C
special knowledge, under Section 161 recorded during investigation,
have resiled from correctness of the versions in the statements. They
have not given any reason as to why the investigating officer cou Id
record statements contrary to what they had disclosed. It is equally
settled law that the evidence of a hostile witness would not be totally D
rejected if spoken in favour of the prosecution or the accused, but it
can be subjected to close scrutiny and that portion of the evidence
which is consistent with the case of the prosecution or defence may
be accepted. One clinching circumstance, viz., that PW 2 and PW 6
had heard some quarrels in the house of the respondents and the
deceased was crying out, is not on record as substantive evidence. E
PW 2 and PW 6 had no regard for truth; they fabricated the evidence
in their cross-examination to help the accused which did not find
place in their Section 161 statements that they had seen one man of
white complexion and aged between 30 to 35 years, going to the
house of the deceased on the fateful night and leaving the house at F
8.00 on the next day."

- •
Next, however, is the plea of alibi as raised by the appellant when the
husband stated that after the dinner he alongwith a friend went to Gymkhana
Club for a coffee and it is only at the club that he was infom1ed of the fire
in the house which prompted the appellant to return to his house immediately. G
This plea of alibi stands disbelieved by both the courts and since the plea of
alibi is a questfon of fact and since both the courts concurrently found that
facts against the appellant; the accused, this Court in our view; cannot on an
appeal by special leave go behind the above noted concurrent finding of fact.
This stands well settled for about five decades and reference may be made
to the decision of this Court in Thakur. Prasad v. State of Madhya Pradesh H
348 SUPREME COURT REPORTS [2002) SUPP. 2 S.C.R.

A (I 954 Crl. Law Journal 261 ).
Admittedly there is no eye-witness available in the matter under
consideration and the prosecution case is sought to be established from the
circumstantial evidence and it is in this sphere the settled law as noticed
above is that circumstances from which the conclusion of guilt is drawn.
B should be proved and thus circumstances must be conclusive in nature. The
established circumstances should also be complete and there should not be
any missing link in the chain of evidence. The com1 ought thus to scrutinise
the evidence and deal with each circumstance and thereafter find the chain
of the established circumstances being complete, in the event, the answer is
C in the affirmative, there should not be any hesitation in the matter of return
of a verdict of guilt on the basis of circumstantial evidence. In the event,
however, there is a snap in the chain and the conclusion may not steadfastly
point or reach the accused, the latter is entitled to a benefit of doubt. In this
context the observations of th is Court in Kundula Bala Subrahmanyam &
Anr. v. State of Andhra Pradesh, [1993] 2 SCC 684 lends credence to the
D view expressed above.

It is indeed a relevant fact in the contextual facts that parties admittedly,
were having estranged relationship : As a matter of fact, divorce proceedings
has already been initiated - a payment of Rs. 3,00,000 is to be effected to the
E wife by the husband and this is being consented to in writing since divorce
was by mutual consent of the parties.

It is to be noticed that whereas there is no eye-witness account but the
incriminating conduct and activity of the accused have been proved by
overwhelming evidence. The investigating officer found the appellant sitting
F in the other room and the body of the wife totally burnt in a sitting posture
that of course goes on well with the Medical Jurisprudence as noticed above
since heat would have the effect of stiffening and contraction of muscle
causing the arms to become flex and knees bent. The photographs produced
before the Court show the devastation of fire, obviously a definite attempt to •
-
see that one does not survive in any event. The appellant-accused has not
G offered any reason nor explanation except a plea of alibi which the High
Court ascribed to be as false denial as noticed hereinbefore. The chain of
events dispels any doubt as sought to be suggested by Mr. Tulsi and there
seems to be sufficient evidence on record to connect the appellant with a
brutal killing of a wife, the motive of which is apparent.
H The social evil popularly described as bride-burning thus does not show
GURPREET SINGH v. STATE OF HARYANA [BANERJEE. J.) 349

a descending graph in spite of the legislature stepping up and introducing A
penal provisions therefor. The sordid tale of young girls becoming victims
of lust for money and other materialistic objects continues - the appeal in the
present case thus is also no exception.

On the wake of the aforesaid, we are unable to record our concurrence
with the submissions of Mr. Tulsi. The appeal therefore fails. The conviction B
and sentence passed against the appellant as confirmed by the High Court is
upheld and the appeal is dismissed. The appellant to serve out the sentence.

K.K.T. Appeal dismissed.