JUDGMENT P.G. Agarwal, J. 1. Heard Mr. B.D. Konwar, learned Amicus Curiae for the Appellant and the learned P.P. 2. This appeal is directed against the judgment and order dated 3.7.98 passed by the Sessions Judge, Golaghat in Sessions Case No. 62/93 (G.R. Case No. 1531/90) whereby the accused Appellant was convicted Under Section 302, IPC, and sentenced him to imprisonment for life and to pay a fine of Rs. 1,000/- in default further imprisonment for one year. 3. This is an unfortunate case of death of a young house wife while she was carrying seven months old pregnancy. Dr. Ajit Kr. Sarmah (P.W. 1) held the autopsy over the dead body and found the following injuries: I found no external injury on the person of the deceased. So I kept the organs and sent them to F.S.L. Guwahati for examination. Container No. 1 contains liver and stomach, container No. II contains heart and kidney. The woman was seven months pregnant. On examination after exploration of uterus seven months size baby (dead) was obtained. Baby was male. In my opinion cause of death could not be ascertained. Hence, visceras are preserved for analysis. 4. The learned Counsel for the Appellant has, therefore, submitted that this is a case of no evidence. In order to base conviction Under Section 302, IPC, the prosecution is bound to establish that this is a case of homicide or case of statement to suicide under Section 306, IPC. 5. In this case, we find that the viscera of the deceased were sent to Forensic Science Laboratory and the report was not made part of the record. The Scientific Officer of the FSL, after examining the viscera found that the sample gave negative test for common poisoning. Thus, this is a case of death but not the death by poisoning. 6. The learned trial Court did not consider the statement of the doctor (P.W. 1) made during examination and the statement of P.W. 1 reads as follows: I found no injury both external and internal. If no proper treatment is given during pregnancy period i.e. for about 6/7 months, then mother may die. We have perused the materials available on record and find that this is a case of no evidence and the conviction and sentence of the accused Appellant was unwarranted. If no proper treatment is given during pregnancy period i.e. for about 6/7 months, then mother may die. We have perused the materials available on record and find that this is a case of no evidence and the conviction and sentence of the accused Appellant was unwarranted. Though there was a quarrel between the husband the wife, admittedly there was no physical assault by the accused Appellant and it is seen that after the quarrel when the husband went out of the house, subsequently the wife was found dead. 7. In view of the above, the appeal is allowed. The conviction and sentence is set aside and the accused Appellant shall be released forthwith from the jail custody, if not wanted in any other case. Send down the records. Appeal allowed