JUDGMENT - MARLAPALLE B.H., J.:---Sessions Case No. 72/1983 was tried by the learned Sessions Judge at Osmanabad and in addition to the present appellant (accused No. 1), four others were tried i.e. Bhanudas, Raju, Sakharbai and Vishwanath. By his judgment and other dated 21-11-1985, the learned Sessions Judge acquitted accused Nos. 2 to 4 from the offences they were charged with and accused No. 1 Ambadas came to be convicted for an offence punishable under section 302 of I.P.C. and sentenced to suffer imprisonment for life. Hence, this appeal by the appellant-accused No. 1. 2. As per the prosecution story, there was a civil dispute pending between the deceased and his brother on one hand and the accused No. 5 on the other hand and an injunction order was passed in favour of the deceased. The deceased had served that order on the accused No. 5 and the injunction order was in respect of the land located in village Savargaon. The accused Nos. 1 3 are the brothers inter se and the sons of accused Nos. 4 5. Accused No. 2 is the cousin of accused Nos. 1 3. The deceased Devidas was the brother of accused No. 4 Sakharbai. The land in dispute was purchased by the father of the deceased from the father of accused No. 5 and the mother of the deceased was the sister of the father of accused No. 4. After about 15 days of the injunction order having been served on the accused party, the deceased Devidas, who was residing in village Surdi in Taluka Barshi, District Solapur, had come to village Savargaon in Tuljapur Taluka of Osmanabad District on Sunday the 24th July, 1983 and on following Wednesday i.e. on 27th July, 1983 P.W. 1 Kerabai received a message that her husband was dead in village Savargaon. She, therefore, went to village Savargaon alongwith her daughter Chhya and nephew (husbands brothers son) P.W. 6 Ashok, who was a practising lawyer and was on a short visit to his village Surdi. They filed a complaint with the Police Patil (Exh. 12) and the Police Patil P.W. 2 Shankarrao in turn forwarded the said complaint alongwith the report at Exhibit 14 to the Police Sub-Inspector at Tuljapur on 27-7-1983 itself. P.W. 9 Venkoji registered Crime No. 114/1983 as in-charge of the Police Station on 27-7-1983. They filed a complaint with the Police Patil (Exh. 12) and the Police Patil P.W. 2 Shankarrao in turn forwarded the said complaint alongwith the report at Exhibit 14 to the Police Sub-Inspector at Tuljapur on 27-7-1983 itself. P.W. 9 Venkoji registered Crime No. 114/1983 as in-charge of the Police Station on 27-7-1983. On the next day, the Police reached the spot and carried out inquest panchanama (Exh. 22) and spot panchanama at Exhibit 23. The dead body was sent for post mortem through P.W. 3 Police Constable Darade to the Primary Health Centre, Savargaon on 28-7-1983 and P.W. 4 Dr. Khandu Narwade conducted the post mortem and signed the post mortem notes at Exhibit 17. The dead body was handed over to the complainant and the clothes on the person of the deceased were seized under panchanama at Exhibit 24 on 28-7-1983. The investigation was taken over by P.W. 10 Jayant Deshpande, who was the P.S.I. at Tuljapur Police Station on the date of the incident and on completion of the investigation, he submitted the charge-sheet. 3. Admittedly, there is no eye-witness to the incident and the prosecution case is based on medical evidence and the circumstantial evidence. The clothes of the deceased were sent for chemical analysis as per forwarding letter at Exhibit 27 and the chemical analysers report was received at Exhibit. 28. As per the said report, the torn white colour full shirt seized from the person of the deceased, was detected to have the traces of organo chloro insecticide "Endrin". 4. Before we proceed to discuss the evidence of P.W. 1 Kerabai and P.W. 2 Shankarrao, we must note that the inquest panchanama and the spot panchanama i.e. Exhibits 22 and 23 have been proved by the evidence of P.W. 8 Manohar Katgaonkar. As per the inquest panchanama, blood was oozing from the nostrils of the deceased. The lower lip was beaten beneath the teeth, face had turned black blue and swollen. White shirt on the person had blood stains. As per the inquest panchanama, the dead body was lying in the cattle shed located in the agricultural land in Survey No. 448 owned by Shri Manju Narayan Shinde of village Savargaon. The inquest panchanama was carried between 8 to 9 a.m. and the spot panchanama was carried out between 9-05 to 9-20 a.m. The dead body was cremated after 6.30 p.m. on 28-7-1983. 5. The inquest panchanama was carried between 8 to 9 a.m. and the spot panchanama was carried out between 9-05 to 9-20 a.m. The dead body was cremated after 6.30 p.m. on 28-7-1983. 5. P.W. 4 Dr. Narwade while in the witness box stated before the trial Court that he was working as Medical Officer in the Primary Health Centre at Savargaon from 3-1-1982 to 31-5-1984 and on 28-7-1983, he had conducted the autopsy on the dead body of Devidas between 4 to 6 p.m. He had noticed the following external injuries- (1) Face was swollen. (2) The neck was swollen in the front and also on the sides. (3) The colour of their skin had become bluish black. (4) No abrasion was seen. (5) On taking cut subcutaneous tissues under the swelling was inflitated with colugated blood. (6) Superficial muscles of neck were lacerated on both sides. (7) On palpation fracture of thyroid cartilege was noticed. (8) On palpation the under part of the trachea was fractured; and all of them were ante-mortem. 6. On internal examination, the injuries found were mentioned in columns 20 and 21. "20. Thorax :- (a) Walls, ribs, cartilages : Well intact, ribs all are intact, underwall red colour fluid present. (b) Pleura : Pleura congested. (c) Larynx, treches and : Larynx, congested Bronchi. trechea inner wall shows congested, fracture of upper two ring of trachea seen. Fracture of Thoyoid cartilage in its middle. Slight amput of red colour fluid present intraches and bronchi. Bronchi congested. (e) Left lung : --- (Rt.) Lung congested show hemarrhegic appearance, on cut exuding dark colour fluid from cut end. (Lt.) Lung : congested show hemorrhegic appearance exuding dark colour fluid from cut end. (g) Heart with weight : Heart congested (Lt) chamber is empty. (Rt.) filled with fluid blood clots. (i) Additional remarks : large vessels are filled with dark colour fluid blood. 21. Abdomen:-- .................. .................. .................. Stomach and its contents Empty its wall in congested. No food in the stomach. .................. .................. Spleen with weight Congested cut surface shows markedly congestion." Probable cause of death in the post mortem report was noted as "Asphykia probably due to throttling, however, suspected poisoning. The viscera is preserved for chemical analysis". However, while in the witness box, the doctor confirmed the opinion that the cause of death was asphyxia due to throttling. .................. .................. Spleen with weight Congested cut surface shows markedly congestion." Probable cause of death in the post mortem report was noted as "Asphykia probably due to throttling, however, suspected poisoning. The viscera is preserved for chemical analysis". However, while in the witness box, the doctor confirmed the opinion that the cause of death was asphyxia due to throttling. He also stated that fracture of thyroid and upper part of trachea is caused when pressure is applied on the throat. While under the cross-examination, he stated that generally nail marks are found on the neck when a person is throttled and pressure is applied on the throat, but in the instant case, he did not find any such marks as the dead body was brought before him after more than 24 hours. 7. We referred to Modis Medical Jurisprudence and Toxicology and the internal appearance in the case of asphyxia due to throttling as stated therein confirm in the post mortem notes (Exhibit 17). The cornua of the hyoid bone may be fractured, also the superior cornua of thyroid cartilage but fracture of the cervical vertebrae is extremely rare. The larynx and trachea are congested, and contain frothy mucus. The cartilages of the larynx or the rings of the trachea may be fractured, when considerable force is used. The bronchial tubes usually contain frothy, bloodstained mucus. The right side of the heart is full of dark fluid, blood and the left empty. These are some of the signs of asphykia due to throttling in the Medical Jurisprudence and Toxicology by Modi and, therefore, the opinion recorded by the Medical Officer on the cause of death has been rightly accepted by the trial Court. The deceased, thus, died an unnatural death and more particularly a homicidal death due to throttling. 8. The next question that we are required to consider is whether the prosecution evidence unerringly proves that it was the present appellant a accused, who caused the throttling and, thus, the murder of the deceased. 9. P.W. 1 Kerabai is the wife of the deceased. After stating about the land dispute between her husband and the accused party, she stated that on the earlier Sunday prior to the date of incident, the deceased had gone to Savargaon and inspite of her alarming him, he proceeded alone. 9. P.W. 1 Kerabai is the wife of the deceased. After stating about the land dispute between her husband and the accused party, she stated that on the earlier Sunday prior to the date of incident, the deceased had gone to Savargaon and inspite of her alarming him, he proceeded alone. On the following Wednesday, she received a message that her husband was dead and, therefore, she alongwith her daughter Chhaya and nephew Ashok went to Savargaon and to their agricultural land. They found the dead body of her husband in cattle shed situated in the land of Shinde and the dead body was tied. She, therefore, went to the Police Patil of Savargaon and filed a report (Exh. 12). In her cross-examination, she stated that the accused No. 5 Vishwanath and his family were residing in the cattle shed when the dead body was found and the cattle shed was owned by Manju Narayan Shinde. According to her, the distance between village Surdi and Village Savargaon was about 30 kms. She admitted that the report made to the Police Patil at Exhibit 12 was written by her nephew P.W. 6 Ashok and she had affixed her thumb impression on the same. She also admitted that the sister of accused No. 5-Vishwanath was the first wife of the deceased and on the demise of the first wife, the deceased had performed the second marriage with her. P.W. 2 Shankarrao confirmed to have submitted the report (Exh. 11) to the Police Station, Tuljapur, on 27-7-1983 and stated in the cross-examination that one family by name Sathe were staying in the hut opposite the cattle shed located in Shindes agricultural land. P.W. 5 Limbabai stated that the deceased Devidas and Dasharath were her brothers. Regarding the incident, she stated that on Tuesday at about 7 a.m. Dilip, the son of accused Vishwanath had gone to her village Kati in Tuljapur Taluka and informed her that Devidas was not feeling well and was lying in the cattle shed of a Manju Shinde. She advised him to take him to the hospital by bullock cart, but between 10 a.m. and 12 noon, the accused Ambadas went to her and informed that Devidas died. She also stated that Devidas asked her to attend the funeral. She advised him to take him to the hospital by bullock cart, but between 10 a.m. and 12 noon, the accused Ambadas went to her and informed that Devidas died. She also stated that Devidas asked her to attend the funeral. She immediately sent a telegram to another brother from Vairag and she went to Savargaon and found the dead body of Devidas lying in the cattle shed. This testimony could not be in any way impeached in the cross-examination. P.W. 6 Ashok admitted that when his father Dasharath received the telegram from Limbabai, he was at his village and, therefore, alongwith P.W. 1 Kerabai came to village Savargaon. He also referred to the injunction order and stated that the relations between two parties were strained due to the dispute over the agricultural land located in Savargaon. He also admitted that he was with P.W. 1 when the report at Exhibit 11 was filed by the Police Patil. He has also reiterated the injunction orders having been served on the accused party. He denied the suggestion that he had entered into conspiracy with the Medical Officer and obtained a false medical report. 10. Now the star witness in this case is P.W. 7 Revappa Dhadke. He is the relation of both the parties and the deceased Devidas was the son of his cousin sister. He stated that on the date of incident, he was passing through the boundary of the land owned by Manju Shinde and the accused Ambadas called him to his cattle shed. He went there and Ambadas told him that Devidas was ill and asked him what he should do. The witness advised Ambadas to take Devidas to a hospital and thereafter he went to his filed. On the same day at about 5 p.m., the accused Ambadas sent his brother Kondiram to his field and called him. He, therefore, went to the cattle shed of accused Ambadas and found that Devidas was lying dead and at that time the accused Ambadas and accused Bhanudas were present in the cattle shed. In his cross-examination, he reitherated that the accused Nos. 1, 3 and 4 alongwith Sathe couple were residing in the cattle shed of Manju Shinde and the dead body was lying inside the cattle shed. 11. In his cross-examination, he reitherated that the accused Nos. 1, 3 and 4 alongwith Sathe couple were residing in the cattle shed of Manju Shinde and the dead body was lying inside the cattle shed. 11. The learned Counsel for the appellant submitted before us that the evident of Revappa can not be relied upon to prove the complicity of the accused in the murder of Devidas unless it was corroborated by other circumstances. He also submitted that the other witnesses, who were mostly the family members of the deceased, were also unreliable and P.W. 6 Ashok, who is an Advocate by profession, had conspired. We have noted that both the parties are closely related for two generations and P.W. 5 Limbabai is the sister of the deceased as well as the accused No. 4. Their testimony is accepted by the trial Court only to the extent that there was a dispute between the parties on account of the land located in Savargaon, an injunction order was obtained and served on the accused No. 5 about 15 days before the date of the incident and the deceased was found dead in the cattle shed of Manju Shinde on 27-7-1983. 12. To decide the reliability of the testimony of P.W. 7 Revappa, we deem it appropriate to reproduce some questions and replies thereto furnished by the accused himself while his statement under section 313 of Cri.P.C. was recorded by the trial Court- "Q. 21 :- It is in evidence that you accused 1 Ambadas, accused 3 Raju and accused 4 Sakharbai were residing in the cattle shed situate in the field owned by Manju Shinde. What have you to say about it? Ans.:-It is true. Q. 9:- It is in evidence that deceased Devidas and Dashrath had filed regular civil suit against you accused 1 to 5 from interfering with their possession over the land at Savargaon and that the Court had granted temporary injunction restraining you accused 1 to 5 from interfering with the possession of Devidas and Dashrath over the said land. What have you to say about it? Ans.: It is true. Q. 16:- It is in evidence that some 2½ years back while P.W. 7 Revappa was going to his field you accused 1 Ambadas called him at the cattle shed and told him that Devidas was ill. What have you to say about it? What have you to say about it? Ans.: It is true. Q. 16:- It is in evidence that some 2½ years back while P.W. 7 Revappa was going to his field you accused 1 Ambadas called him at the cattle shed and told him that Devidas was ill. What have you to say about it? Ans.: It is true. Q. 17:- It is in evidence that when you accused 1 Ambadas asked Revappa as to what to do Revappa told you accused 1 Ambadas to take Devidas to the hospital. What have you to say about it? Ans.: It is true. Q. 18:- It is in evidence that on the same day in the evening you accused 1 Ambadas sent a message to Revappa with Kondiram that he was called by you and that Revappa accordingly went at the cattle shed and met you accused 1 Ambadas. What you to say about it? Ans.: It is true. Q. 19:- It is in evidence that when Revappa went at the cattle shed he found that Devidas was lying dead inside the cattle shed and that you accused 1 Ambadas and accused 2 Bhanudas were present at the cattle shed. What have you to say about it? Ans.: It is true but there were other persons also present at the cattle shed. Q. 20:- It is in evidence that on the next day P.W. 5 Limbabai received a message from Dilip that Devidas was no feeling well and was lying at the cattle shed of Manjuram Shinde. What have you to say about it? Ans.: It is true. Q. 21:- It is in evidence that on the next day at about 12 noon you accused 1 Ambadas told P.W. 5 Limbabai that Devidas had died and asked Limbabai to go with him for the funeral of Devidas. What have you to say about it? Ans.: It is true." By the above admissions, the testimony of Revappa is reinforced and it could not be doubted on any count. The accused admitted the pendency of litigation on account of dispute regarding the agricultural land in Savargaon and which was the ancestral property of the complainants party. What have you to say about it? Ans.: It is true." By the above admissions, the testimony of Revappa is reinforced and it could not be doubted on any count. The accused admitted the pendency of litigation on account of dispute regarding the agricultural land in Savargaon and which was the ancestral property of the complainants party. The prosecution, thus, showed that on 26-7-1983 at about 11 a.m., P.W. 7 Revappa while passing through the land of Manju Shinde was called by the accused and the accused had shown him the deceased in the cattle shed. It was also informed to the witness that the deceased was not well and, therefore, the witness advised the accused to take the deceased to the hospital. As about 5 a.m. on the same day, this witness was again called by the accused through his brother and when he reached the cattle shed, he found that Devidas was dead. This witness had seen the deceased being unwell at about 11 a.m. and at about 5 p.m., he saw him dead and in the company of the appellant-accused in the cattle shed. This has been admitted in the statement recorded under section 313 of Cri.P.C. without any hesitation. The deceased died a homicidal death and the circumstantial evidence as placed on record by the prosecution unerringly pointed out that it was the appellant-accused, who committed the murder of Devidas. 13. The trial Court noted the following circumstances on the basis of the evidence adduced by the prosecution- (1) Motive the accused wanted to do away with Devidas because of the dispute on the land and the injunction order. (2) Devidas had gone to village Savargaon on the earlier Sunday for tilling the land or to make arrangements in that regard. (3) On the following Tuesday at about 11 a.m., P.W. 7 Revappa was called by the accused to the cattle shed and shown the deceased being unwell. Again on the same day at about 5 p.m., he was called back by the accused and when Revappa reached the cattle shed, he saw that Devidas was dead. (4) Accused Ambadas and Devidas were present inside the cattle shed and the dead body of Devidas was lying there. Again on the same day at about 5 p.m., he was called back by the accused and when Revappa reached the cattle shed, he saw that Devidas was dead. (4) Accused Ambadas and Devidas were present inside the cattle shed and the dead body of Devidas was lying there. (5) Accused Ambadas had tried to cremate the dead body of Devidas in haste as is clear from the testimony of P.W. 5 Limbabai and (6) The deceased met a homicidal death by strangulation. 14. On hearing the learned Counsel for the appellant-accused and the learned A.P.P. and on considering the evidence that was placed before the trial Court, we are satisfied that the prosecution proved its case beyond reasonable doubt and, therefore, the trial Court rightly convicted the accused and sentenced him. The impugned order of conviction and sentence, therefore, does not suffer from any infirmities and the same requires to be confirmed. 15. In the result, this appeal fails and the same is hereby dismissed. The order dated 21-11-1985 passed in Sessions Case No. 72/1983 by the learned Sessions Judge at Osmanabad is hereby confirmed. Appeal dismissed. -----