JUDGMENT Lokeshwar Singh Panta, J.- Subhash Chand, appellant was tried in the Court of Sessions Judge, Una District for offence under section 302 read with section 201 of the Indian Penal Code for causing the death of his wife Kamlesh Kumari on or about 15-9-1991 in village Charatgarh. The learned Sessions Judge convicted the appellant under sections 302 and 201 of the Indian Penal Code and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5,000 and in default thereof to undergo rigorous imprisonment for a period of 6 months under section 302,1. P. C. However, no sentence was imposed under section 201 of the Indian Penal Code Now the appellant has come up in appeal before this Court. 2. We may briefly state the prosecution case. Kamlesh Kumari daughter of Jagir Singh (PW 12) was married to the appellant about 5 years prior to her death according to the Hindu rites The appellant was working in Saudi Arabia. He used to visit his village after about 1 or 1-1/2 years span. He was not having good relations with his wife and levelled allegations that she was of immoral character and she could not conceive a child for the last five years of married life. He wanted her parents to get a divorce effected between them on these counts. The relatives of both the sides—prevailed upon and persuaded the appellant to live with Kamlesh Kumari, but he had not reconciled. She used to stay in the house of her in-laws at Charatgarh during the absence of the appellant from India. Whenever the appellant used to pay visit to his native village, he alongwith Kamlesh Kumari used to visit the house of her parents, but they never stayed there fora night. On the early morning of 15-9-1991, the appellant sent information to all the relatives of Kamlesh Kumari at places namely Basdehra, Hoshiarpur and Ludhiana that she had died of snake bite. All the relatives had reached the village Charatgarh by that evening. They expressed their suspicion of a foul play in the death of Kamlesh Kumari at the hands of the appellant saying that it was not a death by a snake bite. A report was lodged with the police by PW Jagir Singh on 16-9-1991. All the relatives had reached the village Charatgarh by that evening. They expressed their suspicion of a foul play in the death of Kamlesh Kumari at the hands of the appellant saying that it was not a death by a snake bite. A report was lodged with the police by PW Jagir Singh on 16-9-1991. On his insistence, post-mortem examination was conducted by Doctor R.K. Jaswal (PW 9) in whose opinion the cause of death was Asphyxia as a result of throttling. 3. After completion of the investigation, Police filed report under section 173 of the Code of Criminal Procedure against the appellant. During trial the appellant pleaded not guilty and claimed to be tried. In the statement made under section 313, Cr.P.C. the appellant admitted his presence at his house and also the presence of Kamlesh Kumari, PWs. Smt. Anita Kumari wife of his brother Prehlad Kumar and Prehlad Kumar, brother on the fateful day. In answer to question No. 37 his reply is as under:— "On 14-9-1991 night, I my wife Kamlesh and my bi other saw two films on video cassette record and went to sleep at about 1.00 a.m. After about half an hour she told me that she was having stomach ache and 1: massaged her stomach and after which she left for easing out herself into the fields. She returned and after some time she complained that she was having pain in her legs at which I massaged her legs and she went to sleep. At about 4.45 a.m. finding that she was not on her bed, I woke up. I came out in my Chobara and saw her lying unconscious outside the Bath room which was situated in our maize field. A small tin can having full water in it, generally used for taking it for latrine, was lying near her, I tried to lift her and noticed that her left wrist was slightly swollen and she was bleeding from this wrist and there being no other injury on her person I thought that she might have been bitten by a snake, I woke up my brother and told him about these facts at which he raised shouts and collected the persons from our Mohalla. I carried Kamlesh with the help of some ladies to the varandah of Tilak Raj Her body was warm, the ladies massaged her and gave her water to drink with spoon which she swallowed. A doctor was called who examined her, who advised us to take her immediately to a hospital as she was alive. She was taken to NFL hospital where she was declared dead. Then we scent persons to inform the relatives of the deceased. They all reached our village and examined the dead-body of Kamlesh and did not express any suspicion and agreed to cremate the dead body at that time but I refused saying that my relatives had not yet arrived. The police reached the_ village and made enquiries from all including relatives of the deceased. On the next morning when we were preparing for the cremation, Chawla and Ram Pal reached there and said that they had talked to doctors and that they would get the postmortem examination conducted. Thereafter, I have been falsely implicated in this case. My relations with the deceased were very good and there were no differences between us. I was taken to my Chobara by the police on 22-9 1991 and not on 23-9-1991. The wires were taken into possession by plucking the same from the VCR while the Dupatta was not taken from the trunk but was taken into possession while it was hanging with the other clothes." 4. The trial Court accepted the prosecution allegations and convicted and sentenced the appellant as aforesaid. 5. We may point out at the very outset that there is no direct evidence in the case and the prosecution allegations rest on the circumstantial evidence which may be indicated as follows :— (1) Motive and conduct of the appellant. (2) Last seen in the company of the deceased. (3) Medical Evidence. (4) Extra Judicial Confession made to Tarsem Lal (PW 14). (5) Disclosure statement by the appellant and subsequent recovery of Chuni and Electric wire. 6. Before going into the oral, documentary and circumstantial evidence, it may be necessary to state the well-settled law that when a case of the prosecution is based on circumstantial evidence, it is incumbent on the prosecution to prove every link thereof and even if one link is found to be missing then in the eye of law the circumstances cannot be said to have been fully proved. 7. The learned Counsel appearing on behalf of the appellant urged that the circumstances from which the conclusion of guilt is to be drawn has not been fully established and all the facts so established are not consistent only with the hypothesis of the guilt of the appellant. Circumstances are not of conclusive nature and tendency and chain of evidence is not complete and within all human probability the crime alleged to have been committed by the appellant has not been established. He relied upon series of decisions like Hanumant Govind Nargundkar and another v. State of Madhya Pradesh, AIR 1952 SC 343 ; Kali Ram v. State of Himachal Pradesh, AIR 1973 SC 2773 ; Kishore Chand v. State of Himachal Pradesh, AIR 1990 SC 2140 ; Bakshish Singh v. The State of Punjab, AIR 1971 SC 2016 ; Rahman v. The State of U.P., AIR 1972 SC 110 ; Sharad Birdhichand Sarda v. State of Maharashtra, AIR 1984 SC 1622 and Padala Veer a Reddy v. State of Andhra Pradesh and others, AIR 1990 SC 79. 8. Learned Counsel also contended that mere suspicion, however, grave cannot take place of proof as held by Supreme Court in 1985 SCC (Cri) 387, State of U.P. v. Sukhbasi and others. 9. To support the judgment of the 1rial Court Ms. Shyama Dogra> learned Deputy Advocate General and Shri S.D. Vasudeva appearing on behalf of the complainant placed strong reliance on Wasim Khan v. The State of U.P., AIR 1956 SC 400 ; Jadunath Singh and others v. State of U.P., AIR 1972 SC 116; Prem Thakur v. State of Punjab, AIR 1983 SC61 ; Kansa Behera v. State of Orissa, AIR 1987 SC 1507 ; Phundi. State of M.P., 1993 Cri LJ 1881 ; Rama Nand and others v. State of Himachal Pradesh, (1981)1 SCC 511 ; and Nadodi Jayaraman etc. v. State of Tamil Nadu, AIR 1993 SC 777. We do not think it necessary to refer to all the decisions but we notice certain decisions herein below :— 10.. In AIR 1952 SC 343, Hanumant Govind Nargundkar and another v. State of Madhya Pradesh, Mahajan, J. speaking for the Bench has said in para 10 thus : “10. v. State of Tamil Nadu, AIR 1993 SC 777. We do not think it necessary to refer to all the decisions but we notice certain decisions herein below :— 10.. In AIR 1952 SC 343, Hanumant Govind Nargundkar and another v. State of Madhya Pradesh, Mahajan, J. speaking for the Bench has said in para 10 thus : “10. .........It is well to remember that in cases where the evidence is of a circumstantial nature, the circumstances from which the conclusion of guilt is to be drawn should in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of a conclusive nature and tendency and they should be such as to exclude every hypothesis but the one proposed to be proved. In other words, there must be a chain of evidence so far complete as not to leave any reasonable ground for a conclusion consistent with the innocence of the accused and it must be such as to show that within all human probability the act must have been done by the accused......” 11. In AIR 1982 SC 1157, Gambhir v. State of Maharashtra, the Court >e iterated the law in the following term :— "The law regarding circumstantial evidence is well-settled. When a case rests upon the circumstantial evidence, such evidence must satisfy three tests : (1) the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established ; (2) those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused ; (3) the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else. The circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused. The circumstantial evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence." 12. In AIR 1990 SC 79, Padala Veera Reddy v. State of Andhra Pradesh and others, S. Ratnavel Pandian, J , has in para 10 observed : "10. The circumstantial evidence should not only be consistent with the guilt of the accused but should be inconsistent with his innocence." 12. In AIR 1990 SC 79, Padala Veera Reddy v. State of Andhra Pradesh and others, S. Ratnavel Pandian, J , has in para 10 observed : "10. Before adverting to the arguments advanced by the learned Counsel, we shall at the threshold point out that in the present case there is no direct evidence to connect the accused with the offence in question and the prosecution rests its case solely on circumstantial evidence. This Court in series of decisions has consistently held that when a case rests upon circumstantial evidence such evidence must satisfy the following tests :— (1) the circumstances from which an inference of guilt is sought to be drawn must be cogently and firmly established ; (2) those circumstances should be of a definite tendency unerringly pointing towards guilt of the accused ; (3) the circumstances, taken cumulatively, should form a chain so complete that there is no escape from the conclusion that within all human probability the crime was committed by the accused and none else ; and (4) the circumstantial evidence in order to sustain conviction must be complete and incapable of explanation of any other hypothesis than that of the guilt of the accused but should be inconsistent with his innocence. [See Gambhir v. State of Maharashtra, (1982) 2 SCC 351 : AIR 1982 SC 1157]. See also Rama Nand v. State of Himachal Pradesh, (1981) 1 SCC 511: AIR 1981 SC 738; Prem Thakur v. State of Punjab, (1982) 3 SCC 462 : AIR 1983 SC 61 ; Earabhadrappa v State of Karnataka, (1983) 2 SCC 330: AIR 1983 SC 446 ; Gian Singh v State of Punjab. 1986 Suppl SCC 676 : AIR 1987 SC 1921 ; Balvinder Singh v. State of Punjab, (1987) 1 SCC 1 : AIR 1987 SC 350". 13. In all these decisions, the underlying principles are that in dealing with case based upon evidence of circumstantial nature, circumstances from which conclusion of guilt is drawn should in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. 13. In all these decisions, the underlying principles are that in dealing with case based upon evidence of circumstantial nature, circumstances from which conclusion of guilt is drawn should in the first instance be fully established, and all the facts so established should be consistent only with the hypothesis of the guilt of the accused. Again, the circumstances should be of conclusive nature and tendency and they should be such as to exclude every hypothesis but the one proposed to be proved. In other words, there should be a chain of evidence so complete as not to leave any reasonable ground for conclusion consistent with the innocence of the accused and it must be such as to show that in all human probability the act must have been done by the accused and none else. We ace of the view that there is absolutely no dispute to these cardinal principles of law laid down in the decisions referred to above but the facts .and circumstances of each case have to be scrutinized for application of these principles. 14. It is in the light of this legal position about the circumstantial evidence that the evidence on record needs to be scanned and scrutinized to know whether the circumstances relied upon by the prosecution and accepted by the trial Court stand established in the present case and whether ail the proved circumstances considered cumulatively would unerringly point towards the guilt of the appellant and are inconsistent with his innocence. 15. Regarding first circumstance of motive and conduct of the appellant, the prosecution relied upon the evidence of Shadi Lal (PW 1) Ram Pal (PW 10) Prem Singh (PW 11) and Jagir Singh (PW 12). All these witnesses are relations of the deceased. All of them have stated that the deceased used to make a complaint to them that the appellant was not happy with the deceased and used to beat her and used to say that she was not having good moral character and could not conceive a child. PW Shadi Lal maternal Uncle of the deceased brought this fact to the notice of Wilaiti Ram, father of the appellant who had told him that such a thing would not be repeated in future. PW Ram Pal brother of Kamlesh Kumari stated that the appellant told him that he should take his sister to Hoshiarpur to get the divorce from him. PW Ram Pal brother of Kamlesh Kumari stated that the appellant told him that he should take his sister to Hoshiarpur to get the divorce from him. Similar is the statement of PWs. Prem Singh and Jagir Singh. PW Jagir Singh father of the deceased also stated that Kamlesh Kumari was allowed to live with the appellant as he was told by PWs. Shadi Lal, Ram Pal and Prem Singh that a gathering had been called in the village of the appellant and the appellant had come to his house about 8 days prior to the occurrence and told him that it was not possible for the appellant to live with the deceased and he wanted to get divorce from his daughter. He further stated that he heard the appellant saying that he would bring his daughter Kamlesh back to his house and thereafter, divorce deed would be executed. It has come in their evidence that on their arrival on the fateful day they saw the dead-body of Kamlesh and noticed that her neck on the front side was in swollen condition and there was no signs of snake bite. They suspected foul play and wanted to conduct the post-mortem examination, but the appellant and 3/4 other persons of the village refused to get the post-mortem examination conducted. They even threatened to kill PW Jagir Singh father of the deceased. 16. We have perused the copy of FIR (Ex. PG) dated 16-9-1991 signed by PW Jagir Singh. There is absolutely no mention of these allegations in this report nor these allegations find mention in his statement Ex. D-2 recorded during the inquest proceedings. No such allegations were made by any of the relatives of the deceased including her father PW Jagir Singh, her brother PW Ram Pal and mother on 15-9-1991 either to the Police who admittedly visited the spot on 15-9-1991 to enquire about the death of Kamlesh Kumari from the Pradhan or other villagers who were present at the scene of occurrence numbering about 100/150 It has come in the evidence of Smt. Anita Kumari (PW-3) that about 100 or 150 persons of the village including Gram Panchayat Pradhan and the Panch had reached in the house of the appellant after the death of Kamlesh Kumari and after seeing the dead-body they declared that there was no reason for suspicion and it was decided to cremate the dead-body. According to her version none of the relations of the deceased complained about the behaviour of the appellant on the contrary they expressed that they had no complaint and did not want any proceedings in the matter. She further stated that it was the appellant who said that since his relations had not reached, therefore, cremation would be done on the next day and that relations of Kamlesh Kumari agreed for this suggestion. Police party also reached on the spot on the evening of 15-9-1991 who was also informed by all concerned that there was no reason for any suspicion and that the dead-body would be cremated next day and the Police, being satisfied, went back. According to her version there was no mark of any injury on the neck of Kamlesh Kumari. It was only on the morning of 16-9-1991 that PW Ram Pal and one Chawla came to their house and informed that they had spoken to the Doctor and that they wanted to get the post-mortem of the dead body done. No body objected for post-mortem. 17. Karnail Singh A.S.I. (PW-18) also corroborated the version of PW-3. He stated that on 15-9-1991 Ruqa (Ex. P-3) was received in the Police Post and he went to village Charatgarh. He inquired from Pradhan Kishori Lal in the presence of many persons who gathered there about the death of the deceased The Pradhan told him that they did not suspect any foul play. After his return from the village he got this fact recorded in the Daily Diary Report (Ex. PK). In his cross-examination, he categorically stated that all the persons including the relatives of the deceased from her paternal side who had arrived at village Charatgarh, did not express any doubt about any foul play in the death of Kamlesh Kumari despite his asking repeatedly. According to him all the persons mentioned that they did not want any proceedings to be conducted by the Police. On satisfying himself about the unnatural death of the deceased he went back to the Police Post. PW Jagir Singh during the proceedings under section 174, Cr.P.C did make another statement (Ex. According to him all the persons mentioned that they did not want any proceedings to be conducted by the Police. On satisfying himself about the unnatural death of the deceased he went back to the Police Post. PW Jagir Singh during the proceedings under section 174, Cr.P.C did make another statement (Ex. D-2) and incorporated therein the fact that since the deceased did not bear child, the appellant might have killed her on this count and the other allegations of giving beatings and suspecting alleged infidelity of the deceased by the appellant have only come in the testimony of the relative witnesses while appearing in the Court. Even otherwise it has come in the evidence of PWs. Ram Pal and Jagir Singh brother and father of the deceased respectively that the deceased remained with the family of the appellant throughout and whenever the appellant returned to his village from Saudi Arabia both of them used to visit their house for some time without staying there. It has come in the evidence of PW Anita Kumari that relation between the appellant and deceased were cordial and there was no quarrel between them. Kamlesh Kumari never complained of anything wanting in her maintenance by the appellant. She deposed that the appellant had invested money in two FDRs. in the name of Kamlesh Kumari in the sum of Rs. 55,000 and Rs. 10,000 or Rs. 12,000. There was also third FDR in the joint name of the appellant, deceased and Wilaiti Ram father of the appellant. She further stated that Kamlesh Kumari and the appellant always used to go together to the house of parents of Kamlesh Kumari All these facts go to show that there was intimate understanding and good relations between the appellant and the deceased, who never felt the necessity to be away from the company of the appellant when he used to be back in his village from Saudi Arabia. The allegations of imputation of bad character and she not bearing any child since marriage levelled against the appellant appear to be cooked up by there relatives of the deceased after the filing of Police Report under Sec. 173, Cr.P.C. PW Karnail Singh, Investigating Officer has categorically admitted that when the report was filed by the Police in the Court at the time of consideration of bail application of the appellant on 9-10-1991, no allegation about the bad character of the deceased was made at that time and the report under section 173, Cr.P.C. was prepared on 21-11-1991. It does not appeal to reason that the appellant would take revenge after a period of 5 years of married life. He had come to his native village about 28 days earlier to the occurrence and had been going to the house of his in-laws with his wife (deceased). There could be many opportunities during this period for taking a revenge and the appellant would not have lost any time in doing so. On the facts of this case, the motive is not proved by the prosecution. The relative witnesses produced by the prosecution have not deposed truly and the motive attributed to the appellant appears to have been invented afterwards. Though it is not necessary that motive be established in every case, but in some cases, more especially when the same has been set up by the prosecution as a strong circumstance, its non-proof will materially affect the truthfulness of the prosecution case. Shri S.D. Vasudeva, learned Counsel appearing for the complainant contended that mere f Act that the witnesses are relations of the victim is not sufficient to discard their testimony. According to the learned Counsel, the relative witnesses have expressly stated the motive behind the commission of the offence by the appellant. He has relied upon decisions like Guli Chand and others v. State of Rajasthan, 1974 Cr LJ 331 ; Dalip Singh v. State of Himachal Pradesh, AIR 1953 SC 364 and State of Punjab v. Hari Singh, 1974 Cr LJ 822. There is no dispute so far the legal proposition laid down in the above mentioned decisions is concerned. But it is equally important that the evidence of the interested witnesses has to be relied upon with due caution. There is no dispute so far the legal proposition laid down in the above mentioned decisions is concerned. But it is equally important that the evidence of the interested witnesses has to be relied upon with due caution. The evidence of the relative witnesses as discussed above is not reliable and acceptable in the facts and circumstances of the present case. Except the bald statements of these highly interested relation witnesses, put in service at a late stage, there is no dependable evidence on record pointing out that the accused was not happy with his married life and wanted divorce or to do away with the life of the deceased. 18. Again, immediately after the occurrence, the appellant did whatever best could be done in the circumstances of the case to save the life of the deceased. It has come in the evidence of PW Anita Kumari that at about 5 a.m. on 14-9-1991 the appellant called her husband and requested for opening the door of the room and on such opening he informed her husband that Kamlesh Kumari was lying near the bath room and she be checked whether she had been bitten by a snake. Immediately, her husband rushed out in the Mohalla crying that his sister-in-law was lying unconscious and might have been bitten by a snake ; a large number of people gathered there and Kamlesh Kumari was picked up and removed to the Verandah of Tilak Raj and some ladies administered water with a spoon to her which she swallowed. Massage was also given to her. The appellant sent his brother Prahlada to call the Doctor who was immediately brought there. Doctor diagnosed Kamlesh Kumari and noticed that she was still alive and on his advice immediately she was removed to hospital. The information about her death was also sent to all her relations who reached there on the same evening. All the persons, including the relations, wanted to cremate the dead-body of the deceased but it was the appellant who said that his relations had not reached, therefore, cremation may be done on the next day and relations of Kamlesh Kumari agreed to this proposal. 19. DW-1 Dev Kumar Sharma is a practicing registered Medical Practitioner in village Nangran. He deposed that he was called by the appellant to his village through a boy to see his wife. 19. DW-1 Dev Kumar Sharma is a practicing registered Medical Practitioner in village Nangran. He deposed that he was called by the appellant to his village through a boy to see his wife. He reached at the scene of occurrence at about 6 15 A.M. After examining Kamlesh Kumari, he found her alive and advised the appellant to take her immediately to the Hospital. Thereafter, Kamlesh Kumari was taken to National Fertilizer Limited Hospital Naya Nangal Doctor S.C. Gupta, (PW-4) Medical Officer, examined Kamlesh Kumari and on such examination, he found her dead. In his cross-examination, Dr Gupta has admitted that dead-body of Kamlesh Kumari was brought to him to rule out any possibility whether she was alive and when she was declared dead by him, the persons accompanying her took the dead-body away bona fide. Therefore, this was the natural conduct of the appellant; it cannot be said to be an incriminating circumstance He did everything possible with speed to ensure that the deceased could be saved. He remained with Kamlesh Kumari throughout till she was declared dead by Doctor S.C. Gupta, N.F.L. Hospital, Nangal He preserved the dead body of the deceased till the arrival of all relatives. On 16-9-1991 when PW Ram Pal and Chawla suggested that they had a talk with the Doctor and would take the dead-body for post-mortem examination, the appellant did not raise any objection to this suggestion. Tilak Raj (PW-13) has also stated that PW Jagir Singh, his wife and their other relatives had examined the dead-body of Kamlesh on their arrival and had stated that they did not suspect any foul play arid the dead-body should be cremated. It was at the instance of the appellant that the dead body was not cremated on that day as he stated that till his relatives would not arrive, the dead body should not be cremated. The entire chain of these events show the innocent conduct of the appellant. 20. The second circumstance relied upon by the prosecution is that the appellant and deceased were last seen together on the night of 14-9-1991 is not disputed by the appellant. The entire chain of these events show the innocent conduct of the appellant. 20. The second circumstance relied upon by the prosecution is that the appellant and deceased were last seen together on the night of 14-9-1991 is not disputed by the appellant. It has come in the evidence of PW Anita Kumari that she alongwith her husband Prehlad, appellant and deceased saw a movie on the Video of the appellant at about 9 p.m After seeing the first movie, the appellant started playing another movie, however, she alongwith Bier husband came to the lower storey of the house where they resided and went to bed. The appellant and deceased slept in the upper storey of the house. At about 1 or 1 30 A M., the appellant called for switching on the light of the gate which her husband did. Kamlesh Kumari then came down and after attending to the call of nature she sent to her room telling that the light be put off. At about 5.00 A.M. the appellant again called her husband to open the door and informed him that Kamlesh Kumari was lying near the bath room and she be checked whether she had been bitten by a snake. The appellant in reply to question No.37 as-quoted above has explained that at about 1.00 A.M he alongwith his wife went to sleep and after about half an hour his wife told him that she was having stomach ache and he massaged her stomach after which she went for easing herself in the fields. After her return she again complained that she was having pain in her legs at which he again massaged her legs and went to sleep. He woke up at about 4.45 AM. and found that his wife was not on her bed. He came out of his Chobara and saw her unconscious inside the bath room situate in the maize field. He tried to lift her and noticed that her left wrist was slightly swollen and was bleeding and he found no other injury on her person. He thought that she might have been bitten by a snake. He carried her with the help of some ladies to the Verandah of PW Tilak Raj and at that time her body was warm. The ladies present there massaged her and gave her water to drink with a spoon which she swallowed. He thought that she might have been bitten by a snake. He carried her with the help of some ladies to the Verandah of PW Tilak Raj and at that time her body was warm. The ladies present there massaged her and gave her water to drink with a spoon which she swallowed. The explanation offered by him appears to be most natural and probable. Tilak Raj (PW-13) corroborated the explanation of the appellant. He stated that on the day of occurrence when he was sleeping at his house he heard the appellant shouting that his wife had been bitten by a snake and he went towards the house of the appellant and found Kamlesh Kumari outside his house on the ground. He found the appellant, some ladies including his wife trying to lift her from the ground and after lifting her, Kamlesh Kumari was brought to the Verandah of his house Large number of people gathered there. They wanted to carry her to village Mozewal on scooter of his son for treatment but when it was found that she could not sit on a scooter then it was decided that she should be taken to a Vaid on three wheeler. According to his version she was alive at that time. Therefore, this circumstance in itself would not be sufficient to establish that the appellant had killed his wife. 3. Medical evidence 21. Now the third circumstance which appears to have weighed with the trial Court most heavily is the medical evidence. Dr. R.K. Jaswal (PW-9) conducted the post-mortem examination in the company of Dr. Varinder Singh Minhas on the dead body of the deceased on 16-9-1991 at 1 P.M. On such examination, the Doctors found ecchymosis and legature mark around the neck. On turning the neck to the left, blood stained secretions came out from the left nostril. Right nostril had a little frothy discharge. The whole of the face was bluish in colour. Ecchymosis was present on the dorsoinedial aspect of left forearm at its lower end. On dissection ecchymosis of the trachea was found but there was no fracture of cartilages of the larynx and trachea. Few apothecial hemorrhages were seen in larynx and upper part of trachea. Both the lungs were congested and stomach was empty. Small intestines contained semi-digested food and foul smelling gases. Large intestines were containing faecal matter and foul smelling gases. On dissection ecchymosis of the trachea was found but there was no fracture of cartilages of the larynx and trachea. Few apothecial hemorrhages were seen in larynx and upper part of trachea. Both the lungs were congested and stomach was empty. Small intestines contained semi-digested food and foul smelling gases. Large intestines were containing faecal matter and foul smelling gases. In the opinion of the Doctor, the cause of death was Asphyxia due to throttling. After the examination of the Chemical Examiner Report (Ex. PF) the cause of death remained Asphyxia. The probable time that elapsed between the injury and death was not exactly known and between death and post-mortem was between 24 to 36 hours. The injuries which were found on the dead-body on external examination were ante mortem the totality of the external and internal injuries was sufficient to cause death. The copy of the post-mortem report is (Ex. PO). It has come in the statement of the Doctor Jaswal that the throttling was done by use of something and also by use of localised force as the external injury found was all around the neck and internal injury was localised to the larynx. According to his opinion the injury found around the neck was possible with Dupatta (Ex. P-1). The doctors did not notice any marks of injury on her wrists caused by bangles. 22. The doctor was cross-examined in detail by reference to various passages of Medical Jurisprudence and Toxicology by Modi, H.W.V. Cox and C.K. Parikh suggesting that the death of Kamlesh Kumari was not due to throttling. The terminology of throttling as per the medical experts named above, coupled with the admission in the cross-examination of Doctor Jaswal means, causing Asphyxia with hands only that is by applying force with hands. According to Modis Medical Jurisprudence 21st Edition, Page 196 Ligature mark is a well defined and slightly depressed mark corresponding roughly to the breadth of the ligature, usually situated low down in the neck below the thyroid cartilage, and encircling the neck horizontally and completely, A careful search of the neck may reveal minute fibres and any other material from the ligature. Such fibres can be lifted off by sticking thin transparent adhesive tape 5 cm. long, around the ligature mark and its surrounding. This tape, later transferred to clean microscope slides, can be examinee directly under microscope for fibres etc. Such fibres can be lifted off by sticking thin transparent adhesive tape 5 cm. long, around the ligature mark and its surrounding. This tape, later transferred to clean microscope slides, can be examinee directly under microscope for fibres etc. Inspection of neck with oblique light may show the pattern produced by ligature. Examination under ultra violet light may also reveal the pattern and nature of the ligature If the fingers are used (throttling) marks of pressure by the thumb and finger tips are usually found on either side of the wind-pipe. Appearances on the neck vary according to the means used. Ligature on neck should preferably be photographed before commencing of post-mortem. It is further stressed at page 200 that no inference should be drawn simply from a ligature mark, for it may be in-distinct or absent, if a soft ligature like silk is used, and may be produced by the application of a ligature to the neck even after death. To come to the conclusion that the death was due to strangulation, it is necessary, therefore, to note the effects of violence in the underlying tissues in addition to the ligature mark or bruise marks caused by the fingers or by the foot, knee, etc., and other appearances of death from Asphyxia. At the same time the possibility of other causes of suboxic or asphyxia death should be excluded. In the case of strangulation bleeding from the nose, mouth and ears may be found. Not only these dominant signs should be present bat other important symptoms like fracture of the larynx and trachea, Hyodbone, scratches, abrasions finger nail marks and bruises on the face, neck and other parts of the body, and injury to the muscles of the neck should be usually present. Similar views were found mentioned in other two books. All these symptoms are not mentioned in the Post Mortem Report (Ex. PO). Doctor Jaswal though agreed in his cross-examination with the opinion given in these books, yet has not given reason as to why inspite of absence of dominant symptoms in the present case, the cause of death still remained throttling. 23. Doctor Jaswal admitted that the death by Asphyxia due to throttling or strangulation will be between 3 to 5 minutes. Doctor Jaswal though agreed in his cross-examination with the opinion given in these books, yet has not given reason as to why inspite of absence of dominant symptoms in the present case, the cause of death still remained throttling. 23. Doctor Jaswal admitted that the death by Asphyxia due to throttling or strangulation will be between 3 to 5 minutes. It has come in the evidence of the prosecution witnesses as discussed above that Kamlesh Kumari was detected lying unconscious outside the bath room of the appellant which is located in the maize field on 15-9-1991 at about 5 a.m. She wits given water with spoon which she swallowed. Her body at that time was warm and she was attempted to be carried on a scooter, but she could net sit, though she was alive. She was examined by Doctor Dev Raj (DW 1) who found her alive at about 6.15 a.m. From all these events, it appears that she died on way to National Fertilizer Limited Hospital, Nangal at about 6.30 a. m. This chain of events has been supported by the evidence of PWs Anita Kumari, Tilak Raj, Karnail Singh, Investigating Officer and DW 1 Doctor Dev Kumar Sharma. This fact is also found noted in the bail order (Ex. DX) of Sessions Judge, Una dated 12-11-1991. The Doctor could not state probable time that elapsed between the injury and death. Its non-determination further supports the chain of events mentioned above that Kamlesh Kumari survived long after she was detected unconscious near the bath room. All these facts and circumstances lead to prove that death was not clue to throttling because the period between death and injury runs counter to the requisite period between three to five minutes as admitted by Doctor Jaswal. 24. The opinion of the Doctor that the deceased died due to throttling is also not—supported by the prosecution witnesses. It has come in the evidence of PW Anita Kumari, Karnail Singh, Investigating Officer and inquest papers prepared in Form No. 25-35 (Ex. PP) that there were no marks of any injury on her neck. The only injury found on the body of the deceased was on the left wrist. The inquest report was prepared on 16-9-1991 in the presence of all the villages and relations of the deceased. PP) that there were no marks of any injury on her neck. The only injury found on the body of the deceased was on the left wrist. The inquest report was prepared on 16-9-1991 in the presence of all the villages and relations of the deceased. The relatives of the deceased did not point out any mark of injury on the neck of the deceased to the Police on 15-9-1991 and did not suspect any foul play in the death of the deceased, rather they even agreed for her cremation on 15-9-1991 at about 5 p m. This conduct of the relatives of the deceased is suggestive of the fact that no marks of injury were present on her neck on 15-9-1991. The statement of the Doctor Jaswal that he gave the inquest papers to the Police after conducting the post-mortem on 16-9-1991 alongwith post-mortem report (Ex PO) is negatived by Ravinder Kumar M.C. Ravinder Kumar M.C. 99 (PW 16) admitting that the inquest papers were called for and received by him on 18-9-1991 In the medical report the ligature mark was not corresponding with the ligature mark i. e. Dupatta (Ex. P-l). The external injury has no internal injury and the internal injury (localised) has no external sign. The doctor has not given the breadth of the ligature mark nor given pattern of the ligature to confirm whether the ligature mark deals with the alleged ligature mark i e. Dupatta (Ex. P1). As per the Doctor Dupatta (Ex. P-1) would produce the defused ligature mark, but on the other hand no such description is given in the post-mortem report (Ex. P.O.) Doctor in his post-mortem report has not opined which of the injuries are ante mortem. 25. As per Sixth Edition of Cox Medical Jurisprudence, apart from the mark due to the ligature and any possible asphyxial changes such as congestion, oedema, cyanosis, petechiae and nose bleeding, certain other marks may be discovered on the skin in cases of ligature strangulation. The most frequent ones are those inflicted by the victim in an attempt to tear away the ligature and are usually seen as scratches on the skin of the neck near the position of the ligature. At page 259, it is reiterated that immediately, the skin is reflected, the underlying tissues must be examined for haemorrhage. The most frequent ones are those inflicted by the victim in an attempt to tear away the ligature and are usually seen as scratches on the skin of the neck near the position of the ligature. At page 259, it is reiterated that immediately, the skin is reflected, the underlying tissues must be examined for haemorrhage. Where there is external ligature mark there may well be obvious haemorrhage into the subcutaneous tissues, platysma muscles and the strap muscles overlying the lateral sides of the larynx and trachea. It is most important to note and record the extent of haemorrhage in this region. True haemorrhage are those which infiltrate the muscles and tissues of the larynx, especially where they appear on the inner mucosal surface of the larynx Therefore, the manner in which the postmortem examination of the deceased was conducted as explained in the reference books, leaves no manner of doubt that the cause of death by throttling could not have been drawn without applying the various important and necessary methods. The medical experts opinion is not always final and binding and the Court can certainly refer to what is stated in books by authors of repute. In Parikhs Textbook of Medical Jurisprudence and Toxicology, Fifth Edition, page 201 in the case of throttling, the following signs are also seen. 26. The tongue may be bruised, bitten by teeth, and protruded. Bleeding from the ears due to rupture of the blood vessels of the tympanum may be seen. There may be injuries on the face, chest etc. indicating a struggle. The face and eyes may show multiple petechial haemorrhage. The body temperature may rise. The marks of bruising and ecchymosis are usually found on the front or sides of neck, chiefly about larynx and above it. Further evidence is provided by bruising and laceration of larynx, windpipe, and muscles and vessels in front and sides of the neck, and fracture of the cornuae of the laryngeal and occasionally the hyoid. 27. For appreciating the medical evidence, the apex Court in Murari Lal v. State of Madhya Pradesh, AIR 1980 SC 531, observed as under : — “......True, it has occasionally been said on very high authority that it would be hazardous to base a conviction solely on the opinion of a handwriting expert. 27. For appreciating the medical evidence, the apex Court in Murari Lal v. State of Madhya Pradesh, AIR 1980 SC 531, observed as under : — “......True, it has occasionally been said on very high authority that it would be hazardous to base a conviction solely on the opinion of a handwriting expert. But, the hazard in accepting the opinion of any expert, handwriting expert or any other kind of expert, is not because experts, in general, are unreliable witnesses—the quality of credibility or incredibility being one which an expert shares with all other witnesses, but because all human judgment is fallible and an expert may go wrong because of some defect of observation, some error of premises or honest mistake or conclusion. The more developed and the more perfect a science, the less the chance of an incorrect opinion and the converse if the science is less developed and imperfect... An expert deposes and not decides. His duty is to furnish the judge with the necessary scientific criteria for testing the accuracy of his conclusion, so as to enable the judge to form his own independent judgment by the application of these criteria to the facts proved in evidence." 28. Therefore, it is clear from the observations referred to above that the quality of expert opinion would depend upon the soundness of the reasons on which it is founded. We have carefully probed and examined the reasons by Doctor Jaswal in his report. We are of the view that they are not based on the sound reasons without following the proper procedure laid down by the Authors in the books referred to above. The opinion of the Doctor is not in tune with the procedure laid down in celebrated books on the subject since he did not follow the same in order to settle beyond doubt the origin of the dominant signs of the neck and also circumstances under which they could be caused. 29. The case of the prosecution also was that the appellant caused an electric current injury to the deceased on her left wrist with wire (Ex. P-2). PW Karnail Singh, Investigating Officer states that he did not investigate the case in this respect nor he sought the opinion of the Doctor how the bleeding injuries on the wrist of the deceased could be caused. P-2). PW Karnail Singh, Investigating Officer states that he did not investigate the case in this respect nor he sought the opinion of the Doctor how the bleeding injuries on the wrist of the deceased could be caused. Even otherwise, the injury on the wrist of the deceased was a bleeding injury with swelling. As per the Medical Jurisprudence of Modi the electric injury is typical burn and is usually found at the points of entrance and exit of electrical current, as at these points the skin offers resistance and the electric energy is changed into varying degree of intense heat. These may produce blisters. In this case the wrist injury of the deceased could not be said to have been caused by the electric current shocks and therefore, the prosecution version does not tally with the medical opinion of Modi. 30. The defence of the appellant was that the deceased had died due to snake bite. The story of snake bite death was apparently accepted by all the persons including the relatives of the deceased who were present on 15-9-1991, in view of the bleeding injury on the left wrist of the deceased with swelling and in the absence of any other mark or injury on her body including neck Investigating Officer admitted m his cross-examination that after receipt of post-mortem report (Ex. PO) he rejected the snake bite theory and did not investigate further. The Investigating Officer did nothing further to exclude the possibility of snake-bite death by getting the opinion of the Doctor about the injury on her left wrist. The relations of the deceased ruled out the possibility of snake-bite death on the sole ground that the colour of the dead-body of the deceased was not bluish/ blackish, but it has come in the evidence of Doctor that whole of the face was bluish black in colour. According to Modi at page 172 the following symptoms will be present in case of snake-bite :— (a) The snake bitten part will have bleeding besides swelling and inflammation at the seat of injection of venom. (b) The presence of lacerated puncture of snake bite at the bitten part which can be detected only by magnifying glass. Breathing becomes slow and laboured until it stops altogether, the heart continuing to beat for some minutes. (b) The presence of lacerated puncture of snake bite at the bitten part which can be detected only by magnifying glass. Breathing becomes slow and laboured until it stops altogether, the heart continuing to beat for some minutes. (c) As per Parikhs Medical Jurisprudence Fifth Edition at page 821, it is stated that if the venom is predominantly neurotoxic, there are no definite appearances indicating the cause of death except the signs of asphyxia That means there will only be signs of asphyxia and death will not be by asphyxia but by snake bite. (d) As per Modi at page 173 the fatal period of death occurs from 20 minutes to 6 hours after a bite from colubrine snake and in two to four days after a bite from a viperine snake, but it may occur instantaneously or within a few minutes if the venom is injected into a vein. A case is recorded where the bite of a king cobra caused death in convulsion in three-quarters of an hour. 31. In Modis Medical Jurisprudence at page 174 it is mentioned that the post-mortem appearances lesions resulting from snake bite are, as a rule, two lacerated punctures about 1.25 cms. Deep in the case of colubrines and about 2.5 cms. deep in the case of vipers. They may be so minute that they may be seen only with a lens. There is a good deal of swelling and cellulitis about the bitten part and haemorrhage from the punctures as well as from the mucous membranes of the body orifices the areolar tissue round about the punctures is purple and infiltrated. The blood is extremely fluid and purple in colour. In cases of viperine bites solid clots may occur in the vein due to the fibrin ferment. Petechial hemorrhages and intense congestion in different organs are seen. 32. Iyengar N.K., who first discovered that colubrine venoms contain cholinesterase and viperine venoms contain a tromboplastin but no cholinesterase, has suggested that in suspected snake bite cases if aqueous washings from the area of bite are tested for these substances and also toxicity tests are done on fowls and rabbits by injecting the same washing with and without antivenin a conclusive proof of snake bite in conjunction with the post-mortem report will be obtained. 33. 33. The only conclusive test to determine the snake bite in the postmortem was not resorted to in the present case. During the post-mortem report, the injury on the wrist of the deceased suggested by the appellant was not examined inspite of the fact that other symptoms of the snake bite were present. According to the version of Doctor Jaswal he did not conduct any post-mortem of the person who died by snake bite till then. The Viscera was sent to the Chemical Examiner without making reference for analysis to detect snake poison in it. As mentioned by Doctor Modi referred to above it is emphasised that a special test has to be conducted which cannot be conducted unless suspected bitten part is sent and then it has to be considered in conjunction with the post-mortem report. Doctor Jaswal did observe bleeding injury on the left wrist in his postmortem report (Ex. PO) which had swelling, stands amply proved by oral evidence. Asphyxial signs also stand admitted by Doctor Jaswal. The snake bite punctures were not detected because Doctor failed to examine it with magnifying glass as per his own admission. The fatal period of death also tallies with snake bite theory but not with death by throttling. The tests laid down in Modis Book dealing with death by snake bite have not been conducted by the Doctor in the present case. Hence the theory of death by snake bite is not at all ruled out in the present case. 34. From the narration of the passages of the Medical books referred to above, there is possibility of the deceased having died due to snake bite and the explanation given by the appellant and corroborated by PW 3, PW 13, PW 18, DW 1 and the Daily Diary Report No 14, dated 16-9-1991 (Ex. PL) appears to be more probable and possible. 35. It is well settled that where on the evidence two possibilities are available or open, one in favour of the prosecution and the other in favour of the accused, the accused is undoubtedly entitled to the benefit of the situation. 4. Extra Judicial Confession 36. The fourth circumstance relied upon by the prosecution is that the appellant made extra-judicial confession to Tarsem Lal (PW 14). 4. Extra Judicial Confession 36. The fourth circumstance relied upon by the prosecution is that the appellant made extra-judicial confession to Tarsem Lal (PW 14). Tarsem Lal stated that on 21-9-1991 while he was staying at his house in village Basdehra, the appellant came to him and stated that he had committed a mistake by killing Kamlesh with electric current and by throttling her and that he should talk to PW Jagir Singh and his family not to do anything as they would listen to him. He further deposed that he told the appellant if he had committed the mistake, he would try to persuade his sister and brother-in-law to save the appellant but the appellant had not done a good thing. The learned Counsel for the appellant has challenged the statement of this witness by contending that it cannot be relied upon unless it passes three tests laid down by the Supreme Court in Heramba Brahma and another v. State of Assam, AIR 1982 SC 1595. In that case the Supreme Court observed that to afford a piece of reliable evidence the extra judicial confession must pass the test of reproduction of exact words, the reason or motive for confession and person selected in whom confidence is reposed. 37. It has come in the evidence of PW Anita Kumari that on 19-9-1991 Superintendent of Police, Una and S.H.O. Parmar and other police officials came to their village and inspected the spot. They called the appellant in the Verandah of PW Tilak Raj and asked him to go to the Police Station, Una on the next day. On 20-9-1991, the appellant, her husband, Pradhan and other villagers went to the Police Station. Her husband turned back but the appellant remained in the Police Station. The Police brought the appellant to the spot on 22-9-1991 and during the intervening period, the appellant did not come to his home. The evidence of PW Anita Kumari would go to show that the appellant remained in the Police custody till 22nd of September, 1991. Her evidence finds corroboration from the statement of PW Tilak Raj, who stated that on the direction of the Superintendent of Police, the appellant alongwith other persons went to Police Station on 20 9-1991 and the others came back to the village except for the appellant. Her evidence finds corroboration from the statement of PW Tilak Raj, who stated that on the direction of the Superintendent of Police, the appellant alongwith other persons went to Police Station on 20 9-1991 and the others came back to the village except for the appellant. The appellant came back on 22-9-1991 with the police and in between these days he did not return to his house. In these circumstances, it is not believable that the appellant made extra judicial confession on 21-9-1991 before PW Tarsem Lal at Basdehra a far off place from the house of the appellant. The storey of extra judicial confession appears to be cooked up affair. Tarsem Lal has not reproduced exact words used by the appellant while making extra judicial confessed and whatever statement has been made by him in the Court is only the crux of what the appellant alleged to have told him. He deposed that the appellant had spoken to him in Punjabi and that too on his putting question to him. The other two conditions regarding reposing of confidence in him and showing of motive or reason for making confession, are also lacking in this case The case was registered with the Police on 18-9-91 on the complaint of PWs. Jagir Singh and Tarsem Lal and the postmortem examination was conducted on 16-9-1991 after the completion of proceedings under section 174, Cr.P.C. and the post-mortem report had also been received by the Police on 17-9-1991. PW Tarsem Lal is not only close relative of the deceased but also the person who had accompanied Jagir Singh to the Police Station at the time of the registration of the case. The theory of extra judicial confession neither finds mention in the report made under section 173, Cr.P.C. dated 21-11-1991 nor the plea was raised at the time of opposing bail application of the appellant on 12-11-1991. It clearly signifies that the evidence of extra judicial confession was lateron introduced after the preparation of the challan. The alleged extra judicial confession fails to pass all the tests held to be imperative by the Supreme Court in the decision referred to above. We reject this evidence of extra judicial confession as unworthy of belief. 5. Disclosure statement 38. It clearly signifies that the evidence of extra judicial confession was lateron introduced after the preparation of the challan. The alleged extra judicial confession fails to pass all the tests held to be imperative by the Supreme Court in the decision referred to above. We reject this evidence of extra judicial confession as unworthy of belief. 5. Disclosure statement 38. The last circumstance relied upon by the prosecution with regard to the disclosure statement of the appellant and subsequent recovery of Chuni and electric wire, is sought to be proved through the evidence of Karam Singh (PW 2). According to Karam Singh on 23-9-1991 while he was in Police Station, Una alongwith one Sheetal Singh the appellant was taken out of the lock-up and was interrogated by the Police On interrogation, the appellant disclosed that a Dupatta’ and electric wire had been kept by him in his house. His disclosure statement (Ex. PB) was recorded and signed by the witness and Sheetal Singh. In his cross-examination, he stated that the appellant was interrogated by S.H.O. Parmar for about 10 minutes. It has been admitted by him in cross-examination that he had appeared as witness on behalf of the Police in about 15 cases. The evidence of this witness shows that the recovery of Chuni and electric wire was not effected in his presence. This witness does not say that A.S.I Karnail Singh interrogated the appellant in his presence. The alleged disclosure statement before the S.H.O. Parmar has not been produced on record by the prosecution and only an attested copy made by A.S.I. Karnail Singh has been produced. The only witness to the recovery of incriminating articles produced by the prosecution is Shadi Lal, maternal uncle of the deceased who is definitely an interested witness and resident of village Basdehra a far off place from the house of the appellant. The other material and independent witness Kishori Lal, Pradhan who admittedly signed the recovery memo (Ex. PA has not been produced for the reasons best known to the prosecution. PW Anita Kumari stated that after removal of Kamlesh Kumari to the hospital, she went to the place where Kamlesh Kumari was lying and saw a Chuni and Chappal belonging to her lying there which she took inside the house. PA has not been produced for the reasons best known to the prosecution. PW Anita Kumari stated that after removal of Kamlesh Kumari to the hospital, she went to the place where Kamlesh Kumari was lying and saw a Chuni and Chappal belonging to her lying there which she took inside the house. In her cross-examination, she categorically stated that on 22-9-1991 when the Police brought the appellant to his house, the Police itself took out the V.C.R. wires and Chuni from the Chobara of their house and went back. The disclosure statement (Ex. PB) was recorded on 23-94991 in which the appellant allegedly stated that the electric wire and Dupatta were concealed by him in a Trunk under lock. According to the version of marginal witness Shadi Lal (PW 1) the appellant took out a key and opened an Attache-case with its help and recovered one Chuni and two wires with plug on 23-9-1991. The evidence of this witness is contradictory to the disclosure statement (Ex. PB) and recovery memo (Ex. PA). In both these documents it finds mention that the incriminating articles were concealed and could be recovered from a Trunk. The memo (Ex. PA) was attested by the Investigating Officer on 24-9-1991 which would go to show that no recovery was effected on 23-9-1991. These two versions one given by PW Shadi Lal in the Court and other mentioned in the recovery memo (Ex. PA) and disclosure statement (Ex. PB) just cannot be reconciled. The key alleged to have been used by the appellant for opening the Attache-case is also not produced in the Court. Apart from these discrepancies, there are other important factors such as the prosecution had not pleaded before the Sessions Judge on November 12, 1991 when the bail order was passed about the alleged disclosure statement and recovery of the incriminating articles at the instance of the appellant which were in fact relevant and important piece of evidence nor the plea was raised before this Court when revision against the bail order was filed and decided on May 7, 1992 We have perused these two orders and find that no such plea was raised, that is why it is not noted in the orders. All these facts would go to show that the documents appear to have been prepared lateron and are ante dated. All these facts would go to show that the documents appear to have been prepared lateron and are ante dated. We cannot safely rely upon such type of weak and untrustworthy evidence. 39. The learned Counsel appearing on behalf of the appellant complained that the prosecution had not supplied the copies of earlier statements of several witnesses recorded during inquest proceedings under section 174, Cr.P.C. despite his making request to the trial Court by filing an application and copies of the subsequent statements of the witnesses were only supplied to him. We do not consider it necessary to go into the validity and authenticity of the previous statements of the witnesses recorded by the prosecution during investigation. The prosecution has not relied upon the earlier statements of the witnesses and some of the witnesses were not even examined by it. We are deciding the case on the basis of the evidence and the material placed and considered by the trial Court. 40. Shri S.D. Vasudeva, learned Counsel for the complainant during the course of arguments made the grievance that the investigation in the present case was dishonest. The Investigating Officer was callous and lethargic. He did not promptly act to know the cause of unnatural death of the deceased despite intimation conveyed to him by PW Doctor S.C. Gupta, Medical Officer, National Fertilizer Limited Hospital. According to him A.S.I. Karnail Singh, Investigating Officer received the information of death of a female on 15-9-1991, at 8.45 A.M., when report (Ex. PJ) was received and recorded in the Police Post Mehatpur and despite the information, the Investigating Officer did not visit the spot where all the persons including the relatives of the deceased were present PW Jagir Singh father of the deceased urged, the learned Counsel, had to extend a threat to the Police that in case the Police did not take action, he would report the matter to the Senior Police Officer and that the report could be recorded only on such threat and after the Superintendent of Police visited the spot on 19th September. We are afraid, we cannot accept this grievance of the learned Counsel for the reasons that it has come in evidence that the Investigating Officer visited the place of incident on 15-9-1991 and large number of persons including the relatives of the deceased who were present at the scene of incident were interrogated about the cause of death of the deceased. He was told by the persons that the cause of death was snake bite. The Investigating Officer after fully satisfying himself went back and imparted instructions to the Pradhan to inform him in case any suspicion about the cause of death would arise later on. The Police had made all out efforts to implicate the appellant in the commission of the offence by preparing documents which we have found to be ante dated, The Investigating Officer did not even bother to take the opinion of the Doctor whether the death of the deceased was by snake bite which information was given to him by the witnesses and the appellant as well during the investigation. The prosecution has examined only relative witnesses in the present case and leaving other independent witnesses to involve the appellant in this case by introducing extra judicial confession and recovery of incriminating articles at his instance. The Investigating Officer conducted the investigation more unfairly against the appellant and tried to help the complainants party. 41. In the result, for the above discussion, we find that circumstantial evidence relied upon by the prosecution is not sufficient to prove beyond reasonable doubt that the appellant has committed the murder of his wife. The appeal is allowed and judgment of the Sessions Judge is set aside. The appellant is acquitted of the charge. He be set free forthwith. Appeal allowed.