Full Judgment Text
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 9
PETITIONER:
PRABHUDAYAL AND OTHERS
Vs.
RESPONDENT:
STATE OF MAHARASHTRA
DATE OF JUDGMENT14/05/1993
BENCH:
YOGESHWAR DAYAL (J)
BENCH:
YOGESHWAR DAYAL (J)
KULDIP SINGH (J)
CITATION:
1993 AIR 2164 1993 SCR (3) 878
1993 SCC (3) 573 JT 1993 (4) 475
1993 SCALE (2)941
ACT:
%
Indian Penal Code 1860-Ss. 302, 498A, 201 read with 34 and
S. 306 read with 34-Burning of young married woman-Whether
death by burning or strangulation-Whether suicide or
homicide-Held, facts indicate homicide, and death by
strangulation preceding burning.
Circumstantial Evidence-Held, cumulative effect or
circumstances negatives innocence of father-in-Law and
husband--Mother-in-law and Sister-in-law may not have
participated, hence, acquitted.
HEADNOTE:
Sangita was married to accused 2 on 28th April, 1984. In
the intervening night of 14115 September 1984, the accused
found Sangita burning. Sangita’s body suffered 100% burns
and the smell of kerosene was noticed even in the spot
panchnama. There had been problems relating to dowry, and
she had complained of ill-treatment and of being beaten
because of failure to pay the dowry amount.
The trial judge acquitted accused 1-4 - her father-in-law,
husband, mother-in-law and sister-in-law respectively.
The High Court examined the evidence a fresh, while
castigating the trial judge for having gone merely on the
statement of the Public Prosecutor that only a case under
Ss. 306, 498-A and 34 was made out. The High Court
Convicted the accused under S.302 r/w 34, S.201 r/w 34 and
498-A r/w 34.
Partly dismissing the appeal, this Court..
HELD: 1. It was a case of murder and not suicidal death.
It is not possible that there were no ’cries’ from the
deceased while she was burning. This is not possible even
in a case of suicide.
Some of the symptoms of internal and external injuries are
common in
879
case (if strangulation and burns. But some symptoms that
occur in the case of strangulation, and not in case of
burns, are present in this case.
Dr. K.S. Narayan Reddy, The Essentials of Forensic Medicine
and Toxicology 6th edn. p. 55, relied on.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 2 of 9
2. The prosecution rests its case only on circumstantial
evidence. Therefore, it is necessary to examine the
impelling circumstances attending the case and examine
whether the cumulative effect of those circumstances
negatives the innocence of the appellant-,; and serves a
definite pointer towards their guilt and unerringly leads to
the conclusion that with all human probability the offence
was committed by the appellants and none else.
State of U.P. v. Dr. Ravindra prakash Mittal, JT(1992) 2 SC
114 at 121. applied.
Taylor, Medical jurisprudence, relied on.
On an appreciation of the circumstances which arc
established as being closely linked to one another, the
complicity of appellants 1 and 2 is not in doubt. But it is
not necessary that appellants 3 and 4 also participated in
the murder of the deceased. They are given the benefit of
doubt and accordingly acquitted.
JUDGMENT:
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 738 of
1992.
From the Judgment and Order dated 16.11.1992 of the Bombay
High Court in Crl. A. No. 148 of 1989.
A.N. Mulla, Ms. Shefali Khanna and J.M. Khanna for the
Appellant.
S.B. Bhasme, S.M. Jadhav and A.S. Bhasme for the
Respondents.
The Judgment of the Court was delivered by
YOGESHWAR DAYAL, J.This is an appeal by the four accused
persons against the judgment of the Bombay High Court dated
16th November. 1992. Appellant No. 1 who was accused No. 1
was tried for the offence of having
880
committed the murder of his daughter-in-law Sangita, wife of
appellant No. 2 who was accused No.2, during the night
between 14th September, 1984 and 15th September, 1984 at the
residential house of the appellants at Murtizapur with
common intention and also for having treated her with
cruelty on account of dowry amount. In the alternative the
appellants were also charged for the offence of having
abetted the deceased Sangita in commission of suicide by
subjecting her to cruelty. Appellant no.3, who was accused
No.3, is the wife of accused No.1 and appellant No.4, who
was accused No. 4. is their daughter. Appellants 1 to 4 are
hereinafter called accused Nos. 1 to 4.
The story of the prosecution was as follows:-
The accused run a printing press at their residence.
Marriage of accused No. 2 was settled with the 5th daughter
of Madan lal (PW. 8). Few days prior to the settlement of
the marriage. marriage of her elder sister was also settled.
As such marriages of both the daughters i.e. Sangita and
Hemlata were celebrated at Paratwada on 28th April, 1994.
Talk over the marriage had taken place about a month prior
to the marriage and the same was finalised after about 2 or
3 days of such talks. At the time of finalisation, accused
No. 1 demanded Rs. 20,000 by way of hard cash as dowry,
besides other articles, add he himself had given such
demands in writing vide Ext. 73. Though agreed, Madan Lal,
father of the deceased could not give Rs. 20,000 at the time
of marriage. He also could not give the gold agreed, though
he assured to comply with the demands later on getting the
crops. After the marriage, on account of the month of
Shrawan, and as per custom, Sangita resided with her
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 3 of 9
parents. It was during her stay after the marriage that she
was found disturbed and sullen. Though she herself did not
give out the reason therefore, but on insistence by the
father to know the reason she told him that accused No. 1
had an evil eve on her and that other members of the family
used to beat and ill treat her because of the failure on the
part of Madan Lai to pay the dowry amount. Though Madan lal
assured that he would come down to Murtizapur and pursued
the accused, but he could not visit Murtizapur. After the
month of Shrawan, Sangita returned to Murtizapur but not
communication was made about her safe return by the accused
persons to her father. The accused persons had a telephone
connection and Madan Lal (PW.8), two three days prior to
the date of the incident contacted accused No. 1 on
telephone. Accused No. 1 talked angrily with Madan Lal.
Madan Lal then requested accused No. 1 to call Sangita on
telephone. Sangita came on phone and in answer to his query
she broke down and Stated weeping and told Madan lal as to
why he did not send Ganesh Chaturthi Neg’,’Neg’ means a
customary offer that the father of the bride has to pay on
an auspicious day. It varies according to financial
capacity of the father. He told
881
Sangita that he had committed it mistake and assured that he
would be sending it immediately. On the next day lie had
got drawn a draft of Rs. 101/- on State Bank of India. Ext.
74-A is the said draft. It was thereafter when Madan Lai
was on a visit to Amravati that Madan Lal received a message
about Sangita having got burnt on 15th September, 1984.
During the night between 14th and 15th September. 1984 at
about midnight the accused found Sangita not in her bed and
smell of burning. They found that in the rear side open
space Sangita was burning and lying down. According to the
defence the doors were closed from inside and there was no
access to the said open space. Accused No. 1 informed the
police about the occurrence that he had seen through the
window opening on the )pen space. Accused No. 1 at about
3.45 a.m. on 15th September, 1994 submitted it report
(Ext.82) to the police wherein he had stated that about 2.
10 a.m. in the night Sangita was found to be burnt and died
in the bath-room. PW.9. Mundheh. the investigating Officer
gave instructions to the accused persons not to disturb the
situation. Initially on the report of the accused,
accidental death was registered. PW9 when reached the spot
on 15th September. 1984 at about 10.00 a.m. he made spot
Panchnama vide ext.63. He also found a postcard. half burnt,
(Ext. 62) by the side of the dead body. He thereafter drew
inquest panchnama (Ext.64). PW. 1 Bhanudas acted as a panch.
PW.9 having convinced that it was a case of murder, lodged
it report on behalf of the State registering the offence
punishable under Section 302 read with Section 34 of the
Indian Penal Code. Dr. Lande, PW.3, on 15th September, 1994
at about 5.00 p.m. conducted the post-mortem.
The Additional Sessions Judge on the basis of the material
filed with the challan. on 30th September, 1994 trained a
charge under Sections 302.499-A and 201 read with Section 34
of the Indian Penal code and thereafter recorded the
evidence of PWs. 1 to 9. Thereafter by an order dated 22nd
August, 1988 the trial court framed an additional charge for
the offence punishable under Section 306 read with Section
34 of the Indian Penal Code. The accused persons challenged
the framing of the additional charge before the High Court
but the challenge was defeated. The accused persons were
accordantly tried. Their defence through out was a total
denial.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 4 of 9
It appears that during arguments the Prosecutor did not
think it proper to press for the diffence punishable under
Section 302 read with Section 34 of the Indian penal Code.
According to the Prosecutor the only case made out was for
the offences punishable under Sections 306, 498-A read with
Section 34 of the Indian Penal Code. The trial court
endorsed the view of the Public Prosecutor and did not
882
discuss the relevant evidence it all on the charge of
Section 302 and recorded a finding of acquittal in that
behalf. He also held that the charge of Section 201 also
did not survive.
The learned trial Judge also held that the prosecution hits
not been able it) prove that the accused persons with their
common intention treated Sangita with cruelty or thereby
abetted her to commit suicide. He accordingly acquired all
the accused persons for the offence punishable under Section
306 read with Section 34 of the Indian Penal Code.
The State filed all appeal against their order of acquittal
and the High Court on appeal castigated the trial judge for
having gone merely oil the statement of the public
Prosecutor without applying his own mind on the evidence.
The High Court examined the evidence afresh.
The High Court posed a question is to whether the nature of
death of Sangita was suicidal or homicidal and ultimately
gave a finding that it was a case of homicidal death and
found all the accused guilty under Section 302 read With
Section 34 and Section 201 read with Section 34. The
accused were also find guilty under Sections 498-A read with
Section 34. For the offence under Section 302 read with
Section 34 all of them were sentenced to rigorous
imprisonment ‘for life and different fines. For the offence
under Section 201 read with Section 34 all the accused
persons were sentenced to rigorous imprisonment for three
years and each of them was fined Rs.1,000/-. For the
offence under Section 498-A read with Section 34 all of them
were sentenced to one year rigorous imprisonment and a fine
of Rs.2,000.
Learned counsel for the defence, however, submitted before
the High Court that the charge under Section 302 read with
Section 34 did not survive tit view of the concession made
by the Prosecutor and also in view of the framing of the
additional charge under Section 306 read with Section 34.
It was also submitted that the framing of the additional
charge negated the theory of murder in pith and substance.
The High Court, however negatived this submission and on
consideration of the evidence convicted all the accused
persons as stated above.
Body of Sangita suffered 100% burn injuries and smell of
kerosene was even noticed in the spot panchanama. The
description 1005 burn does not really fully
883
convey the condition of the body. Asper the inquest report
the dead body was lying on its back in the open court-yard
at the back side of the house of the accused. Both the legs
were partly stiffen. Both the hands were partly bent and
lying at side. Hairs on the head burnt and-even fleshy
portion is also burnt at some places. There was slight hair
at some portion of head. Complete body was burnt and skin
on it also peeled up. Face had became red and black. Eyes
were closed and burnt. Nose was burnt and blood was cozing
from the nose and mouth. Tongue was slightly protruding
out.
Brassier of the left side was totally burnt and right side
was partly burnt. Ash of burnt cloth was visible on
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 5 of 9
stomach. A partly burnt small piece of the border of saree
was lying there. Some pieces of saree, burnt and sticking
each other, were lying on the stomach. Skin on palm of both
hands was peeled up and was appearing reddish. Skin on the
complete body was burnt and peeled up. On observing the
body by turning its upside down, the complete body was burnt
from back side. On observing the private parts of the
deceased through Pancha No.3 it was stated that private
parts were burnt and there was no injury and to ascertain
the actual cause of death, the dead body was sent to the
Civil Surgeon, Murtizapur for post-mortem. According to Dr.
Lande, who conducted the postmortem, on opening of trachea
black particles were found. He recorded that probable cause
of death was 100% burn with bum shock with asphysix.
On the basis of medical evidence the High Court again felt
the necessity to ascertain whether the act of pouring
kerosene oil was voluntarily by the victim or the act of a
third person. The High Court felt that the trial court has
not even discussed the medical evidence or the inquest
report and hastily reached the conclusion that it was a case
of suicidal death. According to the High Court the entire
approach of the trial court was thoroughly unsatisfactory
and grossly erroneous. After going through the evidence the
High Court gave the following findings:--
That the deceased could not control her emotional out-burst
even during the presence of her father -in-law while talking
on telephone. The deceased was a young girl of 20 years. A
determination to suffer extreme pain in silence could not be
a matter of speculation. "In third degree injuries, as per
Dr. Lande, the victim suffers extreme pain. Such injuries
will make the person to give out cries and shouts for help."
The shouting and crying of the deceased was not only obvious
but inevitable. Undisputedly, none had heard the cries or
shouts of the deceased while she was in flames. This
circumstance alone does not support the probability of
suicidal death.
884
The trial court has wrongly read the contents of letter Ext.
62 and its interpretation is highly illegal.
Undisputedly Sangita returned from Paratwada after "Shrawani
Mass" just a week before the incident, probably by 7th
September, 1984. She was subjected’ to insinuation and
accused used to refer her as "awara", "loafer". "badmash",
She wanted to convey this to her father through post card
(Ext.62) which seemingly not delivered. By this letter she
requested her father not to visit Murtizapur. This letter
never reached post off-ice and the message could not be
passed to Madan Lai, PW. 8. Before accomplishing her design
to convey this message, she could not bring an end to her
life. Sangita could not simply think of committing suicide
while in possession of Ext.62.
Sangita at the time of incident, as per the post mortem
report. was having, a pregnancy of 3-4 months and this is
also not in tune with the act of commission of suicide.
The Sessions Judge omitted to discuss the complete evidence
of Dr. Lande and the post mortem report Ext.50. As per post
mortem report the eye-ball and tongue of the deceased were
protruding. Dozing of the blood was found from the nose and
mouth. In case of death due to burning such injuries cannot
be sustained.
Sangita was assaulted before she was set on fire. There
might be a definite attempt to cause death by strangulation
before pouring kerosene oil on her person. Relying of the
evidence of PW.1, Shivraj, a neighbour who heard a shriek
of’ woman as a result of strangulation coming from the house
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 6 of 9
of the accused. Taking into account tile medical evidence
read with the testimony of PW.1, Shivraj, Sangita met with
tile homicidal death.
A ball of cloth half burnt was also found by the side of the
body. The ball was used for gagging her mouth as a
precautionary measure to handicap her from raising cries or
shouts. PW.5, Bhanudas, had also noticed dragging marks in
the court-yard and the deceased after assault was dragged
and kept at the spot.
While in flames Sangita did not make any movement. She was
completely motionless.
The latching of doors of the compound was not accepted as an
act of the deceased. Latching of doors and pouring of
kerosene after assault was a farcical venture skilfully and
conveniently made to bring colour of suicide to the
incident.
885
The High Court then posed the question as to who is
responsible for homicidal death of Sangita. It was held
that it could not be an act of an individual It was joint
venture. There is no direct evidence. Undisputedly the
payment of Rs.20,000/- was not made nor the tither items
mentioned in Ext. 73 were given till the date of incident.
On her second visit, the deceased had disclosed to her
father, Madan Lal. that the members of in-laws’ family had
beaten and ill-treated her for the reason of non-fulfillment
of dowry and other articles. A reading of the letter
indicates that the accused persons had very serious
grievance against Sangita and her parents for non
fulfillment of dowry demands.
Recovery of handkerchief at the instance of accused No. 1 in
pursuance of a disclosure statement and the seizure thereof
vide Ext.69 from a drawer of the table of the office. The
handkerchief was smelling, kerosene oil. It was concealed
at a place which was not normally or ordinarily used for
keeping the handkerchief.
This handkerchief was used at the time of the incident.
None of the accused persons made any attempt to reach the
spot even though they noticed the death of Sangita. They
merely allowed the body to be burnt. Accused persons had
quoted exact time of death in Ext.82 which means that they
were mentally alert and conscious of the happening in the
house.
The refusal to disclose the death of Sangita to the
chowkidar of the locality, PW.2, Rahadursingh. The meeting
with chowkidar Bahadursingh was falsely denied in the
statement under Section 313 of the Code of Criminal
Procedure.
Homicidal death occurred by Sangita while she was in their
custody. The incident with its gravity and extent cannot in
any manner go unnoticed. As such the accused persons were
duty bound to offer plausible explanation. Their action was
concerted. well thought out. well planned.
With the aforesaid findings all the accused persons were
found guilty by the High Court and the appellants have come
up in appeal before this Court.
This court on application of appellant Nos. 3 and 4 i.e.
another-in-law and sister-in-law of the deceased, admitted
them to be on hail.
Apart from the inferences noticed by the High Court there
are certain other features in the post mortem report Ext. 15
which may also be noticed at this state. It is stated in
paragraph 13 of the post mortem report that the whole (if
skin of face
886
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 7 of 9
was burnt and Covered at places with black soot. Eye ball
slightly protruding Tongue was protruding from mouth. Blood
stained discharge from nose and mouth. In paragraph 17 it
is noticed heirs of the scalp, eye lashes, both ears, eyes,
whole neck. whole chest. whole abdomen suffer from burns.
Buttock and pubic hairs also burnt. Black soot was present
over burnt area of face, chest, abdomen. In paragraph 19 it
is stated Brain & Meninges congested. In paragraph 20 it is
stated Larynx.Trachea and Bronchi-congested, on opening,
troches. black particles seen inside human. Right lung left
lung-congested. Right ventricle of the heart was full
whereas left was empty. In paragraph 21 it is stated liver
and gall bladder-congested. pancreas and suprarenals -
congested. spleen - congested, kidneys - congested and
bladder - empty, i.e. parenchymatous organs show intense
venous congestion.
Dr. K.S. Narayan Reddy, M.D. D.C.P., M.I.A.F.M.,
F.I.M.S.A.,F.A.F.Sc., Professor of Forensic Medicine,
Osmania Medical College Hyderabad in his well known treatise
THE ESSENTIALS OL FFORENSIC MEDICINE AND TOXICOLOGY. Sixth
Education at page 255 gives descriptions of internal as well
as external symptoms of manual strangulation. At page 255
while dealing with signs of asphyxia. the learned author
observes : "The face may be livid, blotchy and swollen, the
eyes wide open, bulging and suffused, the pupils dialated,
the tongue swollen, dark-cloured and protruded. Petechial
hemorrhages are common into the skin of the eyelids, face,
forehead, behind the cars and scalp. Bloody froth may
escape front the mouth and nostrils and there may he
bleeding from the nose and cars. The hands are usually
clenched. The genital organs may be congested and there may
be discharge of urine, faeces and seminal fluid." While
internal injuries described little later included as under
"The larynx. trachea and bronchi are congested
and contain frothy. often blood stained mucus.
The lungs are markedly congested and show
ecchymoses and larger subaerial hemorrhages.
Dark fluid blood exudes on section. Silvery-
looking spots under the pleural surface due to
rupture of the air cells which disappear on
pricking. are seen in more than 505 cases.
The parenchymatous organs show intense venous
congestion and in young persons ecchymoses are
usually seen on the heart and kidneys. The
brain is contested and shows petechial
hemorrhages. The right side of the heart is
full of dark fluid blood and the left empty.
Both the cavities are full if the heart
stopped during diastole."
Whereas in burn injuries the learned author at pages 237-238
observes."the
887
brain is usually shrunken, firm and yellow to light brown
due to cooking. The dura matter is leathery." (dura matter
is meninges of the brain). If the death has occoured from
suffocation. aspirated blackish coal particles are seen in
the nose, mouth and whole of the respiratory track. Their
presence is proof that the victim was alive %,.hen tile fire
occurred. The pleurae are contested or inflamed. The lungs
are usually congested. may be strunken and rarely
anemic...... Visceral congestion is marked in many
cases...... The heart is usually filled with clotted blood.
’The adarme;s (glands above kidneys) may he enlarged and
congested.
Some of these symptoms or internal and external injuries are
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 8 of 9
common in case of strangulation and burn like face is
swollen and distorted, the tongue protruded. the lungs are
usually congested visceral congestions is marked in many
cases.
What is to he noticed in the present case is that there are
hardly "any cries" as per the defence also by the deceased.
This is not possible even in case of suicide. Even if the
burns ,ire inflicted with suicidal intent tile victim is
bound to cry out of pain. Admittedly there was no cries
and, therefore, it was not a Case of suicidal burn but the
deceased was put in a condition where she could not cry and
yet get burnt by third party.
As is clear from the aforesaid commentary of Dr. K.S.
Narayan Reddy that if it was a case of merely burns the
blood of the heart would have got clotted. Even the
postmortem report does not say that asphvsix was due to
burn. Coupled with all the internal injuries which occur in
the case of strangulation. are present in this case.
As pointed out by the High Court there is no direct evidence
to connect the appellants with the offence of murder and the
prosecution entirely rests its case only on circumstantial
evidence. There is a series of decisions of this Court
propounding the cardinal principles to be followed in cases
in which the evidence is of circumstantial nature. It is
not necessary to repapitulate all those decisions except
stating the essential ingredients as noticed by Pandian, J.
in the case reported as The State of Uttar Pradesh v. Dr.
Ravindra Prakesh J. in the case 2 SC 114 at 121, to prove
quilt of an accused person by circumstantial evidence. They
are:-
(1) The circumstance from which tile
conclusion is drawn should be fully proved;
(2) the circumstances should he conclusive in
nature;
888
(3)all the facts so established should he
consistent only with the hypothesis of guilt
and inconsistent with innocence:
(4)the circumstances should. to a moral
certainty, exclude the possibility of guilt of
any person other than the accused."
Now let us examine the impelling circunistances attending
the case and examine whether tile cumulative effect of those
circumstances negatives tile innocence of tile appellants
and serves a definite pointer towards their guilt and
unerringly leads to the conclusion that with all human
probability the offence was committed by the appellants and
none else.
There is no doubt that when the incident occurred there was
no outsider its the house. The circumstances which ire
establislied its having closely linked up with one another
may be noticed
1) The motive for the occurrence.
2) The place where the tragic incident
occurred was
in possession and occupation of the
appellants.
3) The occurrence had happened in the wee
hours when body else would have had ingress at
the place where the incident allegedly
occurred.
4) The appellants admit their presence.
The positive features, which occurred, had it
been it pure case of burning, there would he
evidence of vomiting.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 9 of 9
6) The positive opinion of the doctor that
the death was due to asphysix as well apart
from 100% burns.
7) The deceased was carrying fetus of
3-4 months
8) The extensive use of kerosene as seen
from the burn shows that the deceased was
practically
889
drenched as sort of a bath with kerosene.
9) Total absence of any shout or cries
except one which was heard by way o
f
strangulation by PW. 1.
10) Blood in heart was not found clotted.
Right ventricle heart was full of blood but
left ventricle wits empty.
11) Besides total burning of neck was to
destroy evidence of attempted strangulation.
12) In burn brain is usually shrunken and
firm whereas in strangulation it is congested.
As noticed by Pandian, J. in the aforesaid decision, opinion
of Taylor in Medical Jurisprudence is quoted below. It
reads thus:
"Not uncommonly the victim who inhales smoke
also vomits and inhales some vomit, presumably
due to bouts of coughing, and plugs of regur-
gitated stomach contents mixed with soot may
be found in the smaller bronchi, in the depths
of the lungs."
By the time a person could take a bath of kerosene she is
likely to get fainted and would not be in a position
thereafter to burn herself. A total burning, of the face
and the neck shows that even at portions where she was not
wearing any clothes were not burnt. It could only be
possible if she had poured kerosene on her head and face
also.
It is not understood as to how the unposted post card found
near the dead body was not burnt when the whole body had got
burnt. It in fact indicates that the planting of the post
card was to show that it was a case of suicidal death.
In passes all human probabilities that the appellants have
satisfied themselves by watching through the window the
burning of daughter-in-law without any due and cry or
without and serious attempt to save her.
We are thus satisfied that it was a case of murder and not
suicidal death. So far as the accomplicity of appellants 1
and 2 are concerned, there is no doubt. But
890
it is not necessary if appellant Nos. 3-4 i.e. mother-in-law
and sister-in-law of the deceased have also participated in
the murder of the deceased.
For the aforesaid reasons we dismiss the appeal on behalf of
appellant. Nos. 1 and 2 but give benefit of doubt to
appellant Nos. 3 and 4 and accept the appeal on their
behalf. They are accordingly acquitted. The convictions
and sentences of appellant Nos. 1 and 2 are upheld.
U. R. Appeal dismissed.
891