JUDGMENT : Doraiswamy Raju, J. The above appeal has been filed against the judgment of a Division Bench of the High Court of Bombay, Aurangabad Bench dated 2-5-2001 in Criminal Appeal No. 33 of 1996 where under the appellant's conviction for offences punishable under Sections 302, 498-A and 201 of the Penal Code, 1860 (for short "Indian Penal Code") with sentence of life imprisonment and fine, with two years' rigorous imprisonment with fine and another two years' rigorous imprisonment for the respective offences noticed (supra) came to be affirmed. Before the IIIrd Additional Sessions Judge, Ahmednagar, in Sessions Case No. 283 of 1994 the appellant, his father, his brother, his sister, his sister's son and sister's husband were arrayed as accused to face the trial for offences punishable under Sections 302, 498-A and Section 201 read with Section 34 Indian Penal Code. After trial and on consideration of the evidence on record the learned Sessions Judge came to the conclusion that the offences under Sections 498-A, 302 and 201 Indian Penal Code have been sufficiently substantiated and proved against Accused 1 (the sole appellant herein) of having committed the murder of his wife and caused the disappearance of evidence. So far as the other remaining accused are concerned, they were acquitted on the ground that the evidence on record could not sufficiently prove the charges against them. Aggrieved, the appellant pursued the matter before the High Court and as noticed earlier, having been not successful, has approached this Court by this appeal. 2. The case of the prosecution, as disclosed from the evidence and necessary for the purpose of our appreciation of the contentions raised are that the deceased Dropadabai, who was the daughter of the complainant PW 3, namely, Shankar Amruta Ghodase was married to the appellant ten years before the occurrence, that they had no children not consequently, she was being ill treated for some reason or other and under some pretext or other, of which the main reason being her refusal to accede to the request of the appellant to agree for his second marriage with somebody unless and until firm and substantial arrangements were made to secure her future livelihood. That she died an unnatural death in the house of the appellant-accused is beyond controversy. The question, therefore, was as to whether it was an homicidal one or suicidal as claimed for the appellant. That she died an unnatural death in the house of the appellant-accused is beyond controversy. The question, therefore, was as to whether it was an homicidal one or suicidal as claimed for the appellant. Initially, on some information coming to the notice of PW 2 the Up-Surpanch of the village who was said to be a friend also of the father of the deceased, the complainant (PW 3), went to the house of the appellant-accused and found the door of the room of the deceased closed and chained from inside and the father of the appellant, who was there at that time seem to have informed that the deceased was sleeping with door locked from inside and was not opening the door. The husband, the appellant-accused also seem to have thereafter arrived and opened the door. The room was said to be smelling of poison and the deceased was found lying down with her body covered with a quilt up to her face. PW 2 gave information to the father of the deceased, and thereupon PW 2 and some relatives of PW 3 arrived at the spot and finding the situation and dead body of his daughter went to the police station and gave a complaint about the occurrence. It was initially registered as Accidental Death Case No. 33 of 1994 and investigation of the case was taken up thereafter. After conducting the inquest on the dead body, the same was sent for post-mortem examination. On the next day, spot panchnama was prepared during which a tin, a bottle of poison and some other articles were said to have been found in the room and seized. The inside chain of the room in question was also found broken. The doctor who performed the post-mortem and issued the certificate gave an opinion that the death was due to strangulation and resultant asphyxia. PW 3 on 17-8-1994 gave another complaint against the accused on the basis of which a case was said to have been registered for offences under Sections 498-A, 302 read with Section 34 Indian Penal Code and Section 201 Indian Penal Code in Crime No. 131 of 1994 and further investigation seems to have been taken up on that basis. The examination of viscera sent for chemical analysis also ruled out death by poison, thereby strengthening the opinion of the doctor who conducted the post-mortem. 3. The examination of viscera sent for chemical analysis also ruled out death by poison, thereby strengthening the opinion of the doctor who conducted the post-mortem. 3. After concluding the investigation, the chargesheet was laid against the accused and on being committed to the Sessions Court, the trial was completed, including the examination of the accused under Section 313 Cr. P.C. . The learned Sessions Judge, after a careful consideration of the evidence on record convicted only the appellant, as indicated above and acquitted the other accused. The learned trial Judge noticed the fact, in the light of the evidence of PW 8, the investigating officer and the panchnama and report prepared by him that if the chain of the door was put from inside, there was a recess of 4 inches between two planks of the door so that one can put chain inside standing from outside or one can remove the chain put from inside by putting a hand inside the door through the recess while standing outside. The accused, particularly the appellant who was said to have opened it from outside does not seem to have explained as to how the door, otherwise, was opened. The fact that two small containers of insecticide and two cups were found near the body seem to have misled the investigation process at that stage, particularly since the inquest on the body itself seems to have been conducted with the assistance of a petromax light between 8-9 p.m., escaping thereby their attention even to the marks of injury on the neck of the deceased, particularly in view of the poor visibility. The doctor who conducted the post-mortem, PW 10 could not be shown to be wrong in spite of searching and severe cross-examination and the truth and credibility of his opinion as reiterated in his evidence could not be successfully challenged. On such clinching materials and circumstances which were found to be heavily loaded against the appellant, the guilt of the appellant was found sufficiently proved by the learned trial Judge, and a verdict of conviction came to be recorded. As indicated earlier, the Division Bench of the High Court also concurred with the findings of the trial court. 4. Mr. On such clinching materials and circumstances which were found to be heavily loaded against the appellant, the guilt of the appellant was found sufficiently proved by the learned trial Judge, and a verdict of conviction came to be recorded. As indicated earlier, the Division Bench of the High Court also concurred with the findings of the trial court. 4. Mr. Bimal Roy Jad, learned counsel for the appellant has taken us through the entirety of the evidence of witnesses on which strong reliance has been placed by the courts below to convict the appellant and relevant portions in the evidence of others and contended that the appellant has been falsely implicated by PW 3 in connivance with PW 2, by bringing influence upon the doctor as well as the police with the sole object of making the appellant to yield to the request of the father of the victim to marry his second daughter who, it was said ran away with a Muslim boy and who ultimately returned to the family and was living with him and that it is only because the appellant did not yield to this unreasonable demand that the appellant was made the victim of circumstances, using the situation created by PW 3. It was also contended by learned counsel for the appellant that there are several infirmities even in the post-mortem report and in pursuit thereof reference was made to a suggestion made to the doctor when he gave evidence in court that the report did not really relate to the body of the deceased but to some other dead body, the post-mortem of which was also said to have been conducted on that very day. Argued the learned counsel further that the accused was not at all present at the house at the time of the occurrence and that from the manner in which the occurrence seems to have taken place and the body was found inside the room the involvement of any outsider stands completely ruled out and that, therefore, the conviction of the appellant cannot be sustained in law, on the basis of the evidence led by the prosecution. The learned counsel for the respondent State adopted the reasoning of the courts below and contended that the courts below have given cogent and convincing reasons to convict the appellant on the basis of relevant and clinching evidence to connect the appellant with the occurrence and that such concurrent findings of fact do not call for any interference in this appeal. 5. We have carefully considered the submissions of learned counsel appearing on either side. The courts below, in our view, seem to have carefully and judiciously considered the evidence on record taking into account all aspects highlighted for the accused. The indisputable fact is that the victim died an unnatural death in the house of the appellant. No doubt the case turns mainly on circumstantial evidence and there was none who claimed to have seen or to speak about the actual occurrence or as to how it took place and in what manner the death of the deceased was caused. As indicated earlier, initially when the body was found inside the room the assumption was that she died by consuming poison mainly due to the presence of two small containers of insecticide and two cups found near the body, but this initial assumption which was the sheet anchor of the case of the appellant throughout, including before us could not gain any ground or support for acceptance in the hands of the courts in the teeth of the medical report in the shape of post-mortem report and the evidence of PW 10, the doctor who conducted the post-mortem examination on the body of the victim. Another Dr. Bhosale was also seen to have been present throughout during such examination, and they had no axe to grind against the accused to depose falsely. This evidence stands further strengthened also by the chemical examination report of the viscera of the deceased, that no poison or even any symptom of poison was found therein. Another Dr. Bhosale was also seen to have been present throughout during such examination, and they had no axe to grind against the accused to depose falsely. This evidence stands further strengthened also by the chemical examination report of the viscera of the deceased, that no poison or even any symptom of poison was found therein. We find from the evidence of PW 10 that he was very firm and positive in his opinion on the cause of death not only on his own observation during post-mortem examination of the dead body but also on the basis of the chemical examination report received of the viscera of the deceased and despite searching and intensive cross-examination of the witness, nothing could be effectively substantiated to cast any cloud or doubt on the veracity of his opinion or the credibility of this witness or the genuineness and truth of the findings recorded by him and reinforced at the time of examination before the court. In the post-mortem after external examination the doctor has noticed the following injuries: "1. Right eye was swollen, pinkish and bluish in colour, conjunctival haemorrhage was present. 2. The face is puffy and cyanosed. Lips are blue, bloody fluid expels from mouth and nostrils. Neck swollen and ecchymosis ++ present. Pinkish-bluish multiple bruises 4 cm ? ½ cm, 3 cm ? 1 cm around the neck, left side transversely and 3 cm ? 1 cm on right side of neck transversely. There was also abrasion 1 cm ? 1 cm over left elbow anterolaterally pinkish-bluish. All injuries were ante-mortem. Limbs are extended and fingers of the hands were clenched." 6. As a result of further internal examination the observations were made as under: "Brain is congested. There is extravasation of blood into the subcutaneous tissue around the neck anteriorly and laterally both side and in the adjacent muscle of neck. The larynx and trachea were congested and contain frothy mucus. Right lung congested exuding dark fluid blood on section. Left lung congested exuding dark fluid blood on section. Right side of heart full of blood, left is empty. The tongue pinkish and cyanosed and inside. Pharynx cyanosed. Liver, pancreas, suprarenals, spleen, kidneys were congested. At the time of post-mortem viscera was preserved for sending it to CA and it was sent to CA. The probable cause of death is due to asphyxia due to strangulation. Right side of heart full of blood, left is empty. The tongue pinkish and cyanosed and inside. Pharynx cyanosed. Liver, pancreas, suprarenals, spleen, kidneys were congested. At the time of post-mortem viscera was preserved for sending it to CA and it was sent to CA. The probable cause of death is due to asphyxia due to strangulation. However, the viscera has been preserved and sent for CA for examination. CA report is received. By seeing CA report I say that no recognisable poison is detected in Exts. 1 and 2 i.e. viscera. After going through the viscera report, I opined that death is due to asphyxia due to strangulation. The injuries mentioned in Column 17 of the PM report can be caused by the fingers of the hands, by pressure. Kinds of strangulations are throttling, hanging and garrotting. In this case, there is possibility of throttling. Accordingly, I prepared the PM report in my handwriting. It bears my signatures and signatures of Dr. Bhosale. The post-mortem examination report now shown to me is the same. The contents are true and correct. It is at Ext. 59." 7. This is an illustrative case to justify the usual saying that though witnesses may lie, the circumstances will not. In spite of clear machinations and false lead given by the accused by manipulating the presence on the spot of some insecticides and cups to divert the attention of the investigating agencies the medical examination has completely exposed his cunningness and guilt. 8. On behalf of the appellant it was vehemently contended and repeatedly argued that the cause of death, as determined by the doctor could not be the correct one. The courts below have analysed this claim meticulously from several angles before rejecting it. A person who consumed such kind of poison could not have died, in the manner the body of the deceased was found inside the room and as observed by the courts below, the deceased should have suffered severe convulsions in the process and the quilt could not have remained on the body so perfectly laid and neatly covering her body up to the face. The detailed descriptions not only of the injuries found on external examination but those noticed in the various parts of the body on internal examination while conducting post-mortem inevitably leads to the only conclusion that the cause of death was only by strangulation. The detailed descriptions not only of the injuries found on external examination but those noticed in the various parts of the body on internal examination while conducting post-mortem inevitably leads to the only conclusion that the cause of death was only by strangulation. The doctors had no cause to falsely depose against the accused or make any manipulations to get the accused somehow punished. The observations contained in the post-mortem report of the doctor noticed above, do not only appear to be graphic in the necessary details but in our view contain all the relevant, true and correct picture with exhaustive analysis of the dead body, and the medical opinion properly brings out the truth and real nature and cause of death. This view, which found favour or acceptance with both the courts below is not shown to suffer any infirmity whatsoever to call for interference in this appeal. 9. The relationship between the appellant and his wife except for initial few years, does not appear to have been cordial and that too of late instances of her being subjected to such acts as would sufficiently constitute cruelty, to put pressure on her to concede to divorce to facilitate a second marriage of the husband was also placed on record. That is how the learned trial Judge as well as the High Court have chosen to find the appellant guilty of the offence punishable under Section 498A Indian Penal Code also and we do not find any infirmity in this finding as well. Consequently, the motive part of the crime also gets reinforced and on overall consideration of the circumstances of the case also we are satisfied that the concurrent findings recorded by the courts below are well merited and are not shown to suffer from any infirmity as to call for our interference in an appeal under Article 136 of the Constitution of India. 10. The appeal, therefore, fails and shall stand dismissed. Appeal dismissed.